RAHUL SOORMA Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS petition under Section 482 Cr.P.C. read with Article 227 of the Constitution of India has been filed for setting aside, quashing summoning order dated 25.05.2011 in Domestic Violence Act Case No.7 of 2011 and complaint pending before the Judicial Magistrate Ist Class (I), Hamirpur.

(2.) BRIEFLY stated the facts are that petitioner No.1 and respondent No.2 wanted to marry, but father of respondent No.2 was against the marriage. He even threatened to end the life of the petitioner and his family members. The marriage of petitioner No.1 and respondent No.2, however, was solemnized at 'Araya Samaj Mandir, Hanuman Mandir', New Delhi, on 09.05.2010 as per Hindu rites. The marriage of petitioner No.1 and respondent No.2 was against the wishes of family members of respondent No.2. At the time of marriage, members of family of petitioner No.1 were present , but no-one was present from the family of the respondent No.2.

(3.) THE members of family of respondent No.2 in a well planned conspiracy invited petitioner No.1 and respondent No.2 at Nandanheri, Kotkhari, District Shimla, to attend some function which was to be held on 08.12.2010. The petitioners No.2 and 3 attended that function, but petitioner No.1 could not attend that function due to his final examinations. The respondent No.2 did not accompany petitioners No.2 and 3. On return, she contacted her maternal aunt and uncle. The respondent No.2 had undergone abortion in Rippon Hospital with the help of her aunt and uncle , who had been working in Rippon Hospital, Shimla. The respondent No.2 after abortion joined her relatives.