KAPIL DHAR Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner has challenged FIR No.277/2015 for offences under Sec. 376/420 RPC and the challan emanating there from, which is stated to be pending before the Court of 3rd Additional Sessions Judge, Jammu.

(2.) According to the petitioner he has entered into wedlock with complainant/prosecutrix vide marriage agreement dtd. 12/1/2015 against the wishes of his parents on account of the fact that complainant belongs to a different caste. The petitioner claims that he had offered the complainant to live with her in a separate residence but she insisted upon living with him only in the parental house. The petitioner further claims that his wife, the prosecutrix, filed a report with Police Station, Women Cell, Jammu, wherein she complained that the petitioner is not ready to rehabilitate her but thereafter the complainant/prosecutrix lodged a complaint before Judicial Magistrate, 1st Class, City Judge, Jammu, alleging therein that petitioner has committed sexual intercourse with her on the false promise of marriage. The FIR came to be registered pursuant to the orders of the learned Magistrate and after investigation, the impugned challan came to be filed before the trial court.

(3.) Petitioner has challenged the impugned FIR and the challan emanating there from primarily on the ground that that the offence under Sec. 376/420 RPC is not made out against the petitioner as he happens to be the husband of complainant/prosecutrix. According to the petitioner, continuance of criminal proceedings against him in these circumstances amounts to abuse of process of law.