SUNIL CHOUDHARY Vs. UNION TERRITORY J & K

JUDGEMENT

(1.) Instant petition, under Section 482 of the Code of Criminal Procedure, has been moved by the petitioner/accused seeking quashment of FIR No. 293/2020 dated 06.12.2020 for offence under Section 376 IPC registered with Police Station, Bari Brahamana, Samba as well as the consequent proceedings emanating thereform.

(2.) Briefly stated, the case of prosecution is that on 06.12.2020, the prosecutrix lodged a written complaint with the Police of Police Station, Bari Brahmana, Samba alleging therein that she had been continuously exploited and raped by the petitioner/accused since last 7 years on the promise of marriage with her. Since the petitioner/accused refused to marry the prosecutrix, she filed a complaint before the Police. On the basis of this complaint, the Police registered the aforesaid FIR for offence under Section 376 IPC and arrested the petitioner. It is pertinent to mention here that during the course of investigation of the case, the statement of prosecutrix under Section 164 Cr.P.C has been recorded.

(3.) The petitioner has challenged the aforesaid FIR on the ground that no case, much less a case punishable under Section 376 IPC is made out against him. It is submitted that the prosecutrix was having deep love affair with him and that he had consensual sex with the prosecutrix and, therefore, it cannot be said that an offence of rape was committed on her by him. It is further submitted that prosecutrix is a major, aged 24 years and therefore, she must know the consequences of having sexual relations with the petitioner without being married to him.