Sachin Kumar Chauhan vs State Of Uttarakhand And Another

Ravindra Maithani, J

The instant petition is filed for quashing of charge-sheet No.3713 of 2020 and the FIR No.505 of 2020, under Section 376 of IPC, at Police Station

Jwalapur, District Haridwar as well as cognizance/summoning order dated 24.12.2020, passed in Criminal Case No.11537 of 2020, “State Vs.

Sachin Kumar Chauhanâ€​ by the learned Chief Judicial Magistrate, Haridwar.

The case is based on an FIR lodged by respondent no.2 on 29.09.2020 under Section 376 IPC, against the petitioner. According to it, engagement of

informant and petitioner was held on 29.01.2020, in which gifts were exchanged. After engagement, the petitioner forcibly established physical relation

with the respondent no.2 since they are to marry soon, they can stay together, but subsequently according to the FIR, the petitioner denied for

marriage. According to the petitioner, the case is false. The marriage was deferred because of the behaviour of the informant as she was talking

absurdity which has also been recorded.

Heard learned counsel for the petitioner and learned State Counsel. Learned counsel for the respondent no.2 joined the proceedings through video

conferencing.

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

List this matter after three weeks.

Meanwhile, the respondents may file counter affidavit in the matter.

Till the next date of listing, the proceedings of the court below shall be kept in abeyance.

Learned senior counsel for the respondent no.2 submitted that she may be provided a copy of the paper book, to which the learned counsel for the

petitioner assured this Court that he will provide the same within two days.

Stay application (IA No.02 of 2021) stands disposed of.