WPCRL/335/2023
2023 Latest Caselaw 492 UK

WPCRL No.335 of 2023
Hon'ble Ravindra Maithani, J.

Mr. Sachin Kumar Sharma, Advocate for the petitioner.

Ms. Manisha Rana Singh, A.G.A. for the State.

The petitioner seeks quashing of FIR No.69 of 2023, under Sections 328, 313, 376(2)(n) IPC, Police Station Roorkee, District Haridwar.

According to the FIR, the informant, who is respondent no.3 were in relationship since 2015 and under the pretext of marriage, the petitioner established physical relations with her on multiple occasions. But now, the petitioner is declining to marry.

Heard.

It is the case of the petitioner that, in fact, the petitioner and the informant were friends, but the family members of the informant were not ready to get the informant marry with the petitioner, therefore, the informant married with some other person. Thereafter, the informant took divorce from her husband in Original Suit No. 664 of 2022 on 23.01.2023 by the court of Additional Judge, Family Court, Roorkee, District- Haridwar. Copy of the judgment is at Annexure 2.

It is the case of the petitioner that now, in order to harass the petitioner, the FIR has been lodged.

Having considered, this Court is of the view that this matter definitely requires deliberations.

Issue notice to the respondent no.3, returnable within four weeks.

State to file objections. List this matter on 21.03.2023. Till then, no further investigation shall be carried out in the impugned FIR.

(Ravindra Maithani J.) 23.02.2023

RV