KULDEEP Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) By filing this writ petition, the petitioners have prayed for the following reliefs:

(2.) Learned counsel for the petitioners would submit that the entire incident reflected in the FIR is false and it has been lodged as counter blast to the FIR lodged by the petitioners, i.e. Annexure-3 at page-22 of the brief, against the private respondent no. 3. However, he further admits that the FIR lodged by the petitioners was never registered by the police. It is not known whether if any such FIR was at all lodged before the S.H.O. of the concerned police station as Annexure-3. Learned counsel, however, draws the attention of this court to the seal appearing on the bottom of the petition. Thus, it is clear that the copy of the FIR has not been filed, which is relied upon by the petitioners. He has relied upon an application addressed to the S.S.P. Moreover, the contents of the FIR reveal that there is a marriage proposal between the complainant and the petitioner no. 1, and, in pursuance thereto, there are some demand for dowry. Mother of the petitioner no. 1 handed over Rs.500.00 as nishani to the complainant, but, later on, she was informed by the family members of the petitioner that the marriage proposal is cancelled. However, thereafter, the petitioner kept talking to the complainant over phone.

(3.) On 25/10/2022, he came to meet the complainant and incited her to go to Relax Hotel and committed rape upon her stating that marriage between them is going to be held and they should indulge in such relationship.