HUSAN KUMAR Vs. STATE OF H.P

JUDGEMENT

(1.) This petition under Sec. 482 Cr. P.C. has been filed with a prayer to quash FIR No.118/2019, registered against petitioner No.1 in Police Station Karsog, District Mandi, under Sec. 376 IPC on 5/8/2019. The complainant is petitioner No.2, now the wife of petitioner No.1.

(2.) The grounds on which the FIR has been sought to be set aside and quashed, in a nutshell, are that though accused-petitioner No.1 and complainant-petitioner No.2 were known to each other since long and also in love with each other, however, on his (petitioner No.1), proceeding away to State of Uttar Pradesh to pursue his higher studies, petitioner No.2 believing that he may not turn up or abandon her company, registered the FIR against him. In order to remove her doubt, petitioner No.1 solemnized marriage with her on 10/8/2019 in Mamleshwar Mahadev Temple at Karsog, as per Hindu rites and customs. They are now husband and wife and living happily in the company of each other. The parents of petitioner No.1 are happy with the marriage of petitioner No.2 with him. Shri Nek Ram, father of petitioner No.1 present in Court, has testified these facts. It is in such subsequent developments, petitioner No.2 has decided not to prosecute accused-petitioner No.1 any further in the criminal case registered against him at her instance. The FIR, as such, has been sought to be quashed and set aside.

(3.) Statements of complainant-petitioner No.2 and also that of accused-petitioner No.1 to this effect have also been recorded separately. The facts, therefore, remain that the complainant-petitioner No.2 is not interested in prosecuting the accused-petitioner No.1 any further, as he is her husband. Both the petitioners are major.