Smt. Rashi Rohella @ Sonia @ Hina and Shailesh Rohella vs State of Uttaranchal and Sharfuddin

Prafulla C. Pant, J.—Heard learned Counsel for the parties.

By means of this petition, moved u/s 482 of the Code of Criminal Procedure, 1973 (for brevity hereinafter referred as Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 978 of 2005 Sharfuddin v. Nitin @ Vicky and Ors. relating to offences punishable u/s 366, 380, 120B of I.P.C., pending in the court of Chief Judicial Magistrate, Chamoli.

Learned Counsel for the petitioners submitted that the petitioner No. 1 Rashi Rohella @ Sonia @ Hina is daughter of respondent No. 3 Sharfuddin. It is further submitted that she was major, aged 22 years, on the date of alleged incident. A copy of school leaving certificate is annexed as Annexure -1 to the petition, showing date of birth of petitioner No. 1 as 04.06.1982. Incident is said to be of October 2004. In the counter affidavit the date of birth of the petitioner No. 1 has not been disputed. The case of the petitioners is that petitioner No. 1 Rashi Rohella @ Sonia @ Hina and petitioner No. 2 Shailesh Rohella were in love and they got married to each other on 27.10.2004. It is pleaded on behalf of the petitioners that two children have born out of the wedlock. The fact that the two children have born out of the wedlock is also not disputed by respondent No. 3. Attention of this Court is drawn to Annexure -4 to the petition, which is copy of order dated 28.02.2005, passed by Sub Divisional Magistrate, Chamoli, from which it appears that after the girl (petitioner No. 1) expressed her desire to go with Shailesh Rohella (petitioner No. 2), the Magistrate allowed her to go with him as she was a major. It has also come in the final report filed by the police, which is filed as Annexure -3 to the petition (on the report lodged by respondent No. 3) after investigation, that the petitioners were in love and got married to each other.

In the above circumstances, the proceedings of criminal complaint case initiated by respondent No. 3 against the petitioners are nothing but abuse of process of law on the part of the complainant. (Reliance is placed on the case of Lata Singh Vs. State of U.P. and Another, .

Therefore, the petition u/s 482 of Cr.P.C. is allowed. The proceedings of criminal complaint case No. 978 of 2005 Sharfuddin v. Nitin @ Vicky and Ors. relating to offences punishable u/s 366, 380 and 120B of I.P.C., pending in the court of Chief Judicial Magistrate, Chamoli, are hereby quashed.