MOHAMMAD FAROOQ Vs. STATE OF HP & ANR

JUDGEMENT

(1.) By way of instant petition filed under Section 482 of the Code of Criminal Procedure, a prayer has been made on behalf of the petitioner-accused, who happens to be the husband of respondent No.2, for quashing of the FIR No.16/19 dated 29.4.2019, under Section 376 of Indian Penal Code, registered with Women Police Station Solan, District Solan, H.P., as well as consequent proceedings pending before the court below on the basis of amicable settlement arrived inter-se parties.

(2.) Briefly stated facts as emerge from the record are that FIR referred herein above came to be lodged against the petitioner at the behest of respondent No.2 Safina Akhtar, who alleged that the petitioner repeatedly sexually assaulted her against her wishes on the pretext of marriage. On the basis of aforesaid allegation made by respondent No,2 FIR detailed herein above came to be lodged against the present petitioner, who, subsequently, came to be released on bail pursuant to order dated 26.6.2019, passed by the learned Additional Sessions Judge-1 Solan, District Solan in bail application No. 25-S/22 of 2019. Perusal of aforesaid order suggests that petitioner undertook before the court below that he would marry respondent No.2. After completion of investigation, police has already presented challan in the competent court of law. By way of present petition, petitioner has prayed for quashment of FIR as well as consequent proceedings on the ground that pending investigation, both the petitioner as well as respondent No.2 have solemnized marriage on 28.6.2019 as per Mohammedan law since they are Muslims.

(3.) On 7.8.2019, this Court having taken note of aforesaid averments contained in the present petition vis- -vis relief prayed for, adjourned the matter for today's date with a direction to the Investigating Officer to come present with records so that correctness and genuineness of compromise as well as identity of respondent No. 2 is ascertained/verified.