Unknown vs Kulvinder Singh
2022 Latest Caselaw 2966 UK

                Office Notes,
             reports, orders or
SL.           proceedings or
      Date                                        COURT'S OR JUDGES'S ORDERS
No             directions and
             Registrar's order
              with Signatures
                                  C482 No. 661 of 2021
                                  Hon'ble Sharad Kumar Sharma, J.

Mr. Harshpal Sekhon, Advocate, for the applicant.

Mr. Pratiroop Pande, A.G.A., with Mrs. Mamta Joshi, Brief Holder, for the State of Uttarakhand.

The applicant in the present C-482 Application, has put a challenge to the proceedings of Criminal Case No. 227 of 2020, State Vs. Kulvinder Singh, pending before the Court of Civil Judge (Junior Division/Judicial Magistrate) Jaspur, District Udham Singh Nagar, whereby, he has been tried for the offences under Sections 376 of the IPC.

It is contended by the learned counsel for the applicant, that even as per the averments made in the FIR, there was a consensual relationship between the complainant and the present applicant, which persisted to continue for a considerable long period and later on, when the factum of she being a prior married lady came to his knowledge, he solemnized another marriage, which was a cause of registration of the FIR. The factum of the complainant being earlier married lady is reflected from the divorce decree, which has been annexed along with the C-482 Application, being decree of 1st November, 2019.

In that eventuality, for all practical purposes, there would not have been any offence under Section 376 of the IPC, as the parties are major and the relationship between them is that of a consensual nature, as it has been laid down in the judgment rendered by the Hon'ble Apex Court, as reported in 2021 SCC OnLine SC 181, Sonu alias Subhash Kumar Vs. State of Uttar Pradesh and another.

The Coordinate Bench of this Court, had issued notices to the respondent No.2 on 6th April, 2021.

The steps were taken and there is an office report dated 26th August, 2022, that despite of service of notice, the respondent No.2 has not put in appearance.

In the peculiar facts and circumstances of the present case, the proceedings of Criminal Case No. 227 of 2020, State Vs. Kulvinder Singh, pending before the Court of Civil Judge (Junior Division/Judicial Magistrate) Jaspur, District Udham Singh Nagar, would be kept in abeyance till the next date of listing.

The learned counsel for the applicant is directed to take fresh steps for effecting service of notice on respondent No.2.

Steps to be taken within a week.

List this C482 Application after service of notice on the respondent No.2.

(Sharad Kumar Sharma, J.) Dated 15.09.2022 Shiv