SURAJ BORA Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The present application under Sec. 482 of the Code of Criminal Procedure has been filed by the Applicant seeking quashing of the charge-sheet dtd. 22/7/2023, the cognizance order dtd. 5/10/2023 passed by the learned Chief Judicial Magistrate, Dehradun, and the entire proceedings of Criminal Case No. 6110 of 2023 (State vs. Suraj Bora), arising out of FIR No. 31 of 2023, registered under Ss. 376, 323, 504 and 506 I.P.C. at Police Station Mussoorie, District Dehradun.

(2.) The case of the State, as disclosed from the FIR, is that the Applicant and Respondent No.2 were acquainted with each other and had been in a relationship. It is alleged that on the assurance of marriage, the Applicant developed physical relations with the complainant over a considerable period. It is further alleged that on 5/3/2023 the Applicant again assured that he would marry her within 45 days, but later refused to do so, which led the complainant to lodge the FIR on 17/5/2023, alleging commission of rape and other allied offences.

(3.) The FIR itself indicates that both the Applicant and the complainant are major. The relationship between them is admitted to be of long duration. The allegations are founded primarily on the assertion that physical relations were established on the promise of marriage and that subsequently the Applicant declined to marry her.