- (1.) Tersely, the facts & material, culminating in the commencement, relevant for deciding the instant petition and emanating from the record, are that, complainant Komal, daughter of Dharminder Kamboj-respondent No.2 (for brevity "the complainant") had fallen in love with Gaurav Sharma son of Madan Lal Sharma (petitioner No.1). They are close relatives and used to meet each other within the full knowledge of their family members. They had mutually decided to solemnize the marriage. According to the prosecution that on 3.8.2010, the complainant had gone to her college, where Gaurav Sharma met her on the way on his motorcycle, took her, where his entire family had gathered and they performed the marriage in the temple at Chintpurni.
(2.) Leveling a variety of allegations and narrating the sequence of events, in all, the complainant claimed that Gaurav Sharma (petitioner No.1) had raped her on the pretext of marriage within the knowledge of his family members. In the background of these allegations and in the wake of complaint of the complainant, the present case was registered against the petitioners-accused, vide FIR No.159 dated 12.10.2010 (Annexure P1), on accusation of having committed the offences punishable under Sections 363, 366, 376 (not made out in the obtaining circumstances of the case) and 120-B IPC by the police of Police Station City Kapurthala, in the manner depicted here-in-above.
(3.) After the completion of investigation, the police submitted the challan/final police report under Section 173 Cr.PC against the petitioners-accused to face the trial for the indicated offences in the Court.;