ANKUSH THAKUR Vs. STATE OF HIMACHAL PRADESH

JUDGEMENT

(1.) THIS is a petition under Article 227 of the Constitution of India read with Section 482 Cr.P.C. for quashing order dated 31.10.2011 passed by respondent No. 2 Sub Divisional Magistrate, Solan in case No. 394/2004 of 2011 and for quashing of entire proceedings of case No. 394/2004 of 2011 pending before respondent No. 2.

(2.) THE facts, in brief, are that petitioner No. 1 and respondent No. 3 are husband and wife. The petitioner No. 2 is the father and petitioner No. 3 is the mother of petitioner No. 1. The petitioner No. 1 and respondent No. 3 got married on 8.10.2009. The further facts as narrated in the petition are that Master Karanvir Singh Thakur was born from the wedlock of petitioner No. 1 and respondent No. 3 on 9.6.2010 at Kamla Nehru Hospital, Shimla. The child from birth is looked after by the petitioner No. 3.

(3.) THE petitioner No. 2 a heart patient had to live alone at Shimla and managed his affairs himself. This completely disturbed the life of petitioners No. 2 and 3. So petitioner No. 3 in November, 2010 decided to go back to Shimla as the petitioner No. 2 was not keeping good health. The respondent No. 3 requested petitioner No. 3 to take Master Karanvir Singh Thakur alongwith her on the plea that respondent No. 3 being a working woman will not be in a position to look after the child. The respondent No. 3 further told petitioner No. 3 that she and petitioner No. 1 will keep on visiting Shimla to meet the child. In these circumstances, since November, 2010, Master Karanvir Singh Thakur is living at Shimla with petitioners No. 2 and 3 and they are taking proper care of the child.