LAWS(HPH)-2016-12-50

VIKAS SHARMA Vs. STATE OF HIMACHAL PRADESH

Decided On December 15, 2016
VIKAS SHARMA Appellant
V/S
STATE OF HIMACHAL PRADESH Respondents

JUDGEMENT

(1.) Heard, Shri Amarn Parth Sharma, learned counsel for the petitioner and Shri Rupinder Singh, Additional Advocate General. Though the case was listed for admission, however, with the consent of the parties, it is taken up for final hearing.

(2.) The petitioner is arraigned as an accused for the offence punishable under Sections 376 and 417 of Penal Code (for short 'Code'). It transpires that second respondent herein is complainant and it is an admitted fact that the petitioner and the second respondent, while pursuing MBA were training together and were having a live-in Whether the reporters of the local papers may be allowed to see the Judgment? Yes. relationship. It further transpires that there was some discord in the relationship.

(3.) It is the specific case of second respondent that she had established physical contact/relationship with the petitioner only because he had promised to marry her but later on he solemnized his marriage elsewhere, compelling the prosecutrix to register the aforesaid case against the petitioner. Quashing of the FIR has been prayed on the ground that no offence is made out and it is averred that when a man and woman are mature and know the consequences of the act then mere promise to marry on future date does not attract punishment.