YASHPAL Vs. STATE OF J&K & ANR

JUDGEMENT

(1.) In this petition filed under Section 561-A of the Code of Criminal Procedure, the petitioner inter alia seeks quashing of FIR No.199/2017 dated 24.10.2017 registered at Police Station, Katra under Section 376 RPC against the petitioner on the complaint of respondent No.2, who got the FIR registered in terms of Section 156(3) Cr.P.C. on the directions of learned Judicial Magistrate 1st Class (Sub-Judge), Katra by alleging that she was subjected to sexual assault on the pretext of promise to marry.

(2.) Brief facts of the case are that the petitioner and the respondent no.2 were studying in the same college at Udhampur, but were not closely known to each other. The respondent No.2, who was married to one Mohan Lal of Reasi, started living with her husband at Reasi and out of the said marriage one male child was born. The respondent No.2 because of her own misdeeds, left the matrimonial house and started living with her parents at Katra, which made her husband to file a petition under Section 9 of the H.M. Act before the court of District Judge, Reasi. It is further stated that respondent no.2 with ulterior motive in order to pressurize the petitioner for the reason best known to her and in order to extract some money and to defame the petitioner filed a complaint before the learned Judicial Magistrate 1st Class (Sub-Judge), Katra by alleging therein that the complainant/respondent no.2 while studying in Government College for Women, Udhampur used to travel daily from her home to Udhampur and the petitioner was also studying in the Government College (Boys) Udhampur and residing at the house of his uncle situated at Panthal, Katra. Petitioner started approaching the complainant in her bus and proposed her for friendship and in this manner both started talking casually with each other; the accused used to board in the complainants bus and this continued since 15.01.2014 because the marriage of the complainant was fixed on 20.01.2014 with one Mohan Lal. On 16.01.2018, the accused called the complainant on her mobile and asked her to come to his uncle house situated at Panthal, Katra. The complainant refused to meet with accused whereupon the accused threatened the complainant that in case the complainant did not meet him on 16.01.2014 the accused would disclose to her husband that he is having affair with the complainant. Therefore, the complainant feeling helpless and in order to save the dignity of her family as well as herself was forced to go to the house of uncle of the accused situated at Panthal, Katra where the accused had committed forcible sexual intercourse with complainant by threatening her that if the complainant will reveal the incident to any one, he will damage the reputation of complainant publically. It is further stated in the said complaint that the marriage of the complainant was solemnized with Mohan Lal on 20.01.2014 and even after marriage, he kept on calling the complainant, the matter came to the knowledge of complainant's husband and due to this reason the complainant's husband divorced the complainant on 13.12016. It is also stated that the accused again contacted the complainant after her divorce and gave assurance that he will marry her, again committed sexual intercourse with complainant on 15.01.2017 at Katra. Since the matter had come to the knowledge of complainant's father, therefore, complainant asked the accused to fulfil his said promise of marriage but the accused refused to marry with the complainant and instead asked the complainant to take money and forget about marriage. Feeling aggrieved, the complainant lodged written report with SHO Police Station, Katra. It is further stated that the learned Magistrate on the basis of the aforesaid complaint directed the SHO Police Station Katra to register the FIR for the commission of offence under Section 376 RPC.

(3.) The petitioner has challenged the aforesaid impugned FIR on the following grounds: