RAJNI DEVI DHIMAN Vs. ABHISHEK KAUSHAL & ANOTHER

JUDGEMENT

(1.) The present petition is maintained by the petitioner-accused (hereinafter to be referred to as 'the accused') under Section 482 of the Code of Criminal Procedure, 1973, (hereinafter to be referred to as 'Cr.P.C.'), for setting aside the impugned order dated, 25.10.2016, passed by the learned Judicial Magistrate, 1st Class, Court No. III, Una, H.P., in Case No. 19/2016, RBT No. 228- 1/2016, titled as Abhishek Kaushal versus Rajni Devi Dhiman.

(2.) The key facts, giving rise to the present petition, are that Shri Abhishek Kaushal (hereinafter to be referred to as 'the complainant') has filed a complaint against the accused, wherein he alleged that he is the resident of Industrial Area, Tehsil Mehatpur, District Una, (H.P.) and the accused has been living with him for the last 20 years with her free and sweet consent. The complainant further alleged that both the parties were living in social circle of relatives, friends and other social dignities, as husband and wife. The other people also had been accepting and recognizing them as husband and wife. As per the complainant, they have also celebrated ritual and ceremonies of 'Granth Sahib' for conducting their marriage.

(3.) Learned Counsel for the petitioner-accused has argued that the learned Court below, without appreciating the fact that no case was made out against the accused, even after going through the pleadings of the parties, has issued summons against the petitioner-accused under Section 420 of the IPC. He has further argued that as no case is made out, even after going through the evidence and the complaint, so the summoning order is required to be quashed.