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HIGH COURT OF HIMACHAL PRADESH
UTTAM CHAND – Appellant
Versus
STATE OF HP AND ORS – Respondent


J U D G M E N T

The instant petition, under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘Cr.PC’) has been filed by the -petitioner for quashing of FIR No. 11 of 2021 dated 10.01.2021, registered in Police Station Sundernagar, District Mandi, Himachal Pradesh, under Sections 376 of the Indian Penal Code (in short ‘IPC’) and Section 67 of the Information Technology Act, 2000.

2. Complainant Nishu Devi (Respondent No.3) and petitioner Uttam Chand were present in the Court on 21.12.2021 and 30.12.2021, respectively and their statement, on oath, were recorded separately.

3. In her statement, Respondent No.3/complainant has stated that she and the petitioner were having love and affection for each other, but one video of their meeting was posted on the Facebook and after having knowledge thereof, she had lodged FIR in present case in Police Station Sundernagar, District Mandi, HP. She has further stated that later, she was married to Devender Kumar, resident of Village Bhour, P.O. Kanaid, Tehsil Balh, District Mandi,HP., but in divorce petition filed by her their marriage had been dissolved and a decree for divorce had been passed by the Court about four months

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