PARSHOTAM SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing the FIR No. 68 of 2017 dtd. 1/6/2017 registered with the Police Station, Nawabad for commission of offence under sec. 376 RPC.

(2.) It is stated that the complainant made a written complaint to the Senior Superintendent of Police, Jammu on 1/6/2017 stating therein that the petitioner deceived the complainant as after having enjoyed sex with her, the petitioner refused to solemnize marriage with her. In the complaint, it was stated that the parents of the petitioner and the complainant settled an arranged marriage between the petitioner and the complainant and the final date was yet to be fixed for solemnization of the marriage. Whenever the petitioner came to his village Kaintha, as the petitioner had been serving in Indian Army, the complainant and the petitioner used to meet each other and on 28th of May 2017, the complainant with her own free will and consent accompanied the petitioner to Jammu and it was further stated that the petitioner used the complainant for the sexual purpose and thereafter refused to marry. The petitioner has impugned the FIR on the following grounds:

(3.) The respondent Nos. 1 and 2 have filed their response, in which it is stated that the complainant submitted an application on 1/6/2017 and pursuant to the said application, FIR No. 68/2017 under sec. 376 RPC was registered and during the course of the investigation, the statement of the prosecutrix was also recorded under sec. 164-A Cr.P.C. The petitioner was arrested and was subsequently granted bail on 21/6/2017. It is further stated that as per the statements of the prosecutrix recorded under sec. 164-A Cr.P.C. and other witnesses, offence under sec. 376 RPC stands proved against the petitioner.