RAGHUBIR SINGH S/O LATE MATBAR SINGH AND ORS Vs. STATE OF UTTARAKHAND AND ORS
LAWS(UTN)-2012-7-113
HIGH COURT OF UTTARAKHAND
Decided on July 10,2012

Raghubir Singh S/O Late Matbar Singh And Ors Appellant
VERSUS
State of Uttarakhand and Ors Respondents

JUDGEMENT

- (1.) Heard.
(2.) By means of this petition, moved under Section 482 of Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Case No. 210 of 2012, State Vs. Raghubir Singh and another, relating to offence punishable under Section 376 of I.P.C., and one punishable under Section 3 (1) (x) of Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act, 1989, Police Station Raipur, pending in the court of Special Judicial Magistrate, CBI, Dehradun.
(3.) Learned counsel for the petitioners submitted that the complainant Laxmi (respondent No.2) was major, as is apparent from the copy of High School Certificate (annexure No.3 to the petition). Her date of birth is 28.04.1987, in the Certificate of High School/Matriculation. Attention of this Court is further drawn to the copy of certificate of registration issued by Registrar, Hindu Marriage, Dehradun, which is annexed as annexure No 1 to the petition. This document shows that petitioner No.1 Raghubir Singh got married to respondent No.2 Laxmi on 16.06.2011. It is pleaded that in such a case of marriage, it is abuse of process of law on the part of the respondent No.2 to implicate the petitioners in a case of rape, after the dispute arose between the parties to matrimony and petitioner No.1 filed a petition under Section 9 of Hindu Marriage Act, 1955.;


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