LAWS(J&K)-2015-12-18

RAHID REHMAN Vs. STATE OF J&K & ANR.

Decided On December 31, 2015
Rahid Rehman Appellant
V/S
State of JAndK And Anr. Respondents

JUDGEMENT

(1.) Prayer has been made for grant of bail in FIR No. 92/2015, dated 31.08.2015 registered under Sec. 376 RPC at Police Station, Batote.

(2.) Learned counsel for the petitioner states that the FIR was lodged by respondent No. 2 on the basis of misunderstanding as to the intention of the applicant in marrying her. However, the petitioner married respondent No. 2 whereupon respondent No. 2 filed OWP No. 1511/2015 titled Shiana Banoo Vs. State and Anr. for quashing of FIR No. 92/2015. After consideration of the matter, High Court vide order dated 14.10.2015 directed the respondents not to proceed ahead in the matter.

(3.) Subsequently, respondent No. 2 filed an application for withdrawal of the said OWP No. 1511/2015 as after the execution of 'Nikahnama ', the petitioner took U-turn and denied the marriage of the petitioner with respondent No. 2 and that at the time of execution of 'Nikahnama ', respondent No. 2 had been influenced by the petitioner to approach the High Court for stay of FIR No. 92/2015 dated 31.08.2015 under Sec. 376 RPC ' but subsequently respondent No. 2 realised that she had been deceived to file the petition thereupon she approached the High Court for withdrawal of the writ petition which was allowed on 11.12.2015 and the interim direction of staying the FIR were also vacated.