TANVEER IQBAL Vs. STATE

JUDGEMENT

(1.) Petitioner invokes inherent jurisdiction of this Court under Section 561-A Cr. P. C. to seek quashing of FIR No. 01 of 2018 of Police Station, Manjakote (Distt. Rajouri) under Section 376 RPC registered against him on a complaint filed by respondent No.3 (hereinafter to be referred as the prosecutrix).

(2.) The prosecutrix filed complaint in the court of the Chief Judicial Magistrate, Rajouri. She alleged that the petitioner, who hails from her village, was well acquainted with her. He developed relation with her 4/5 years back in the year 2013 and said that he will marry her. He remained in constant telephonic touch with her and had been committing sexual intercourse with her under the pretext that he will marry her. He used to make her reject all other offers of marriage received by her. The petitioner, however, has now refused to marry her and has thereby spoiled her life. She thus alleges that the petitioner has committed heinous offence on her continuously for 4/5 years under the pretext of marrying her. Learned Chief Judicial Magistrate, as is evident from the impugned FIR, forwarded the complaint to SHO, Police Station, Manjakote for "action under law" and pursuant thereto the impugned FIR was registered.

(3.) In order to seek the quashing of the impugned FIR, the petitioner contends that he is serving in the Central Reserve Police Force (CRPF) since June, 2012 and has generally remained posted at different stations. He used to visit his house during holidays. The prosecutrix, aged 27 years, who is his next door neighbour, is infatuated with him and wants to marry with him by all possible means. She had been sending proposal for marriage to him ever since he was absorbed in the CRPF but the proposal has been rejected by him. Consequent upon the refusal of marriage by him, the prosecutrix in order to wreck vengeance upon him filed false and fabricated complaint and has got him implicated in a false case under Section 376 RPC.