RANJEET SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The present petition has been filed by the petitioners under sec. 561-A Cr.P.C (now 482 Cr.P.C) for quashing the FIR No. 45 of 2016 dtd. 4/2/2016 for commission of offences under Ss. 376, 366 and 109 RPC registered with Police Station, Domana.

(2.) It is stated that name withheld 'X' had moved a written application before the Incharge, Police Station, Women Cell, Gandhi Nagar on 31/12/2015, wherein, it was averred that the petitioner No. 1 was having love affair with the respondent No. 2 and both of them had decided to marry each other. It is further averred in the application that the relation between them had thus run into rough weather as the petitioner No. 1 wanted to marry some other girl. It is also stated that the petitioner No. 1 is serving as Constable in Sashastra Seema Bal (SSB), Bihar at the relevant point of time and he had availed leave from 20/11/2015 to 28/12/2015 for the engagement purposes. The petitioner No. 1 thereafter, resumed his duties on 31/12/2015 and till date of filing of the petition, he was performing his duties at Bihar.

(3.) The petitioners have impugned the FIR lodged by the uncle of the prosecutrix on the ground that prima facie, no offence under 376 RPC is made out. The whole story become false particularly when the petitioner No. 1 was performing his active duties in 21st Battalion and was at Bihar and the FIR has been lodged only because the prosecutrix was inimical to the petitioner No. 1.