JUDGMENT :

MANOJ KUMAR TIWARI, J.

1. Applicant has challenged the charge-sheet dated 07.03.2017 filed against him under Section 323, 376, 504 & 506 I.P.C. summoning order dated 10.07.2017 passed by learned Additional Chief Judicial Magistrate, Haldwani, District Nainital and also the proceedings pending against him before learned Additional Chief Judicial Magistrate, Haldwani, District Nainital in connection with Criminal Case No. 2918 of 2017.

2. The F.I.R. was lodged by respondent no. 2 against the applicant at Police Station Mahilla Thana, Almora on 17.10.2016 under Section 323, 376, 504 & 506 I.P.C. As per the F.I.R., her marriage was solemnized with some other person in Ranikhet in 2006 and she has a four year old son, out of the said wedlock; her husband used to harass and beat her and, in the month of August, 2012, she met the applicant who promised that he will marry her and keep her happy; she told him that she is married and has not been divorced, but applicant told her that his father is a lawyer, who will help her in getting divorce from her husband. It is further stated that since she was destitute and was legally ignorant, therefore, she went with the applicant to his pa