MOHAMMAD INTAZAR Vs. STATE OF UTTARAKHAND
HIGH COURT OF UTTARAKHAND
MOHAMMAD INTAZAR,TABASSUM BEGUM W/O MOHAMMAD INTAZAR
STATE OF UTTARAKHAND,S.H.O P.S. BHAGWANPUR,SHRI SAHROON S/O SHRI MAHBOOB
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(2.) BY means of this writ petition moved under Article 226 of Constitution of India, the petitioners have sought quashing of the First Information Report dated 19.06.2012, registered as Crime No.159 of 2012, relating to offence punishable under section 376 of I.P.C., at Police Station Bhagwanpur, District Hardwar.
Learned counsel for the petitioners submitted that both the petitioners Mohd. Intzar and Smt. Tabassum Begum are major. It is further submitted that they got married to each other against the wishes of respondent no.3 Sahroon, who is relative of the petitioner no.2. Attention of this court is drawn to Annexure-2 to the petition which is copy of Nikahnama showing that the petitioner no.1 got married to petitioner no.2. It is argued on behalf of the petitioners that petitioner no.3 Sahroon, who is distant relative of the petitioner no.2, has abused of process of law by making allegation against the petitioner no.1 that he has committed rape on petitioner no.2. Attention of this court is further drawn to the medical report, copy of which is annexed as Annexure-3 and Annexure-4 to the petition which shows that the petitioner no.2 is major, and it further suggests that she was not subjected to rape.
Petitioner no.2 Smt. Tabassum Begum, is present in court, identified by the counsel Shri T.S.Pharityal, Advocate. She verified the fact that she got married to petitioner no.1 on her own volition against the wishes of respondent no.3, who is brother in law of her sister. She further told the Court that she is major.
(3.) ADMIT the petition.
Learned counsel for the State prays for and is allowed six weeks' time to file the counter affidavit.;
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