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2021 Supreme(HP) 410

CHANDER BHUSAN BAROWALIA
Bantu Ram – Appellant
Versus
State Of Himachal Pradesh & Ors. – Respondent


Advocates appeared:
Neeraj K Sharma, Advocate, Arvind Sharma, Advocate, P.K. Bhatti, Advocate, Bharat Bhusan, Advocate, Amit Kumar Dhumal, Advocate, Manoj Bagga, Advocate, Daleep Chand, Advocate, Ishita Choudhary, Advocate

JUDGMENT

Chander Bhusan Barowalia, J. - The present petition is maintained by the petitioner under Section 482 of the Code of Criminal Procedure (hereinafter to be called as "the Code") for quashing of F.I.R No.42 of 2017, dated 11.4.2017, under Sections 363, 366A, 376 (2) (i) 506 of the Indian Penal Code, Section 6 of the Protection of Children from Sexual Offences Act and Section 3 (2) (V) Scheduled Caste and Scheduled Tribe Act (Prevention of Atrocities) Act, 1989, registered at Police Station Khundian, District Kangra, H.P.

2. Briefly stating the facts, giving rise to the present petition, as per the prosecution story, are that respondent No.2 solemnized marriage with Smt. Shanti Devi, in the year 2011, as per Hindu rites and customs. Smt. Shanti Devi's first marriage was solemnized with Raju son of Shr. Gurdabbaru, resident of Village Jaloan (Sarni), Post Office Paraisi, Tehsil Karsog, District Mandi, but they got divorced, who had a boy, namely, Meena Ram and a girl prosecutrix (name withheld), when respondent No.2 married with Smt. Shanti Devi, both children are residing with him. At the time of occurrence, respondent No.3 studied in 9th standard. On 9.4.2017, in the morning,

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