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2019 Supreme(HP) 250

CHANDER BHUSAN BAROWALIA
Asha Devi – Appellant
Versus
State Of Himachal Pradesh – Respondent


Advocates Appeared:
K.B. Khajuria, Adv., S.C. Sharma, Adv., Shiv Pal Manhans, Adv., P.K. Bhatti, Adv., Raju Ram Rahi, Adv., M.L. Sharma, Adv.

JUDGMENT :

Chander Bhusan Barowalia, J.

The present petition is maintained by the petitioners under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No. 12/2018, dated 26.1.2018, under Section 376 of the Indian Penal Code and Section 6 of Protection of Children from Sexual Offences Act, 2012, registered at Police Station, Dalhousie, District Chamba, H.P.

2. Briefly stating the facts, giving rise to the present petition, as per the prosecution story, on 26.01.2018, the prosecutrix (name withheld) got her statement recorded with the police, wherein she stated that she is 16 years of age and studies in 11th standard. She further stated that respondent No.2-accused on the pretext of marriage committed sexual intercourse with her many times. As per the prosecutrix, in the month of March, 2018, she came to know that respondent No.2-accused does not want to marry her. She came to know that she is pregnant and respondent No.2-accused on the pretext of marriage committed sexual intercourse with her. On the basis of the complaint, so made by the prosecutrix, police registered a case and the investigation ensued. The statement of the pr

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