WPCRL/1837/2021
2021 Latest Caselaw 4123 UK

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                                  WPCRL No.1837 of 2021
                                  Hon'ble R.C. Khulbe, J.

Mr. Ravi Bisht, learned counsel for the petitioner.

Mr. V.K. Jemini, learned DAG for the State. Mr. Mehboob Rahi, learned counsel holding brief of Mr. Avidit Noliyal, learned counsel for the private respondent.

Compounding application (IA No.1 of 2021) has been moved on behalf of the parties to compound the case. Looking to the gravity of offence, the compounding application is dismissed.

Heard on the stay application (IA No.2 of 2021).

By means of present writ petition, petitioner seeks to quash the impugned FIR/Case Crime No.305 of 2021, under Sections 323, 506, 376 IPC, registered at P.S. Gadarpur, District U.S. Nagar.

From the perusal of the FIR dated 14.09.2021, it is the only allegation against the petitioner that, the petitioner made physical relations with the informant on the false pretext of the marriage and on the perusal of the document Annexure No.2, it is clear that the petitioner has already performed the marriage with the informant on 23.09.2021; accordingly, the marriage has been registered in the office of the Registrar Compulsory Registration of Marriages, Bazpur, U.S. Nagar on 25.09.2021.

Learned counsel for the State prays for and is granted four weeks' time to file counter affidavit.

List this matter on 17.11.2021. In the meantime, the respondents/State will not arrest the petitioner in the aforesaid offence in the light of the judgment "Sonu @ Subhash Kumar vs. State of Uttar Pradesh and another", in 2021 SCC OnLine SC 181.

Copy today, as per rules.

(R.C. Khulbe, J.) 20.10.2021 BS