HANS RAJ Vs. STATE

JUDGEMENT

(1.) ORDER :- Through the medium of this petition purporting to be made under the provision of S. 561-A, Cr. P.C. the petitioner herein namely. Hans Raj and others have sought quashing of proceedings u/S. 107/151. Cr. P.C. titled State v. Hans Raj pending for disposal before the Executive Magistrate, First Class Doda. It is alleged that Narain Singh who is a close relation of petitioner Hans Raj hired some militants and abducted the daughter of the latter whose name is Smt. Sudershna Devi, That said Narain Singh forcibly married with her though this marriage could not take place as the parties fell within the prohibited degree of relationship.

(2.) Petitioner Hans Raj has filed civil suit for getting the declaration that the marriage is void. The said smt. Sudershna Devi wants to return to her parental fold but Narain Singh has wrongfully confined her in his house. Narain Singh once had assaulted the petitioner Hans Raj and a complaint of this incident was filed in the Court and in order to counter its effect false and frivolous proceedings under S. 107/151, Cr. P.C. were initiated. Lastly, it is pleaded that since the proceedings have been initiated on the basis of animosity and ill-feelings so they require to be quashed.

(3.) The arguments of the learned counsel for the parties have been heard.