WPCRL/2230/2019 of KUSHAL KISHORE GUPTA ALIAS KAUSHAL GUPTA Vs STATE OF UTTARAKHAND on 20 December 2019

WPCRL No. 2230 of 2019 Hon’ble Sharad Kumar Sharma, J.

Mr. M.S. Rawat, Advocate for the

petitioner.

Mr. P.S. Bohra, A.G.A. along with Mr. Siddhartha Bisht, Brief Holder for the State of Uttarakhand.

The petitioner in the present writ petition has prayed for quashing of the FIR No. 640 of 2019 registered at P.S. Rudrapur, District Udham Singh Nagar, for commission of the offences under Sections 376, 323, 504 and 506 of IPC. The complainant/respondent no. 3 has registered an FIR as against the petitioner contending thereof that he and his family members had maltreated her and under an assurance of getting her married, the present writ petitioner has established physical relationship with her, on number of occasions and when she conceived he has forced her to get the pregnancy aborted and when that was not acceded to, she was dealt with the atrocities, and consequently, in pursuance to the said set of allegations the FIR in question has been registered against the present petitioner.

After having heard the learned counsel for the petitioner as well as the learned Government Advocate, this Court at this stage without expressing any opinion on the merit of the matter is dismissing the writ petition with the liberty open to the petitioner that subject to the condition if he surrenders before the Magistrate concerned within one week from today, his bail application would be considered within three days thereafter. Subject to the above observation, the writ petition stands dismissed.

(Sharad Kumar Sharma, J.)

20.12.2019