SUNIL KUMAR Vs. STATE OF J&K AND ANR

JUDGEMENT

(1.) Petitioner invokes the inherent jurisdiction of this Court under Sec. 561-A Cr.P.C. to seek quashing of FIR No.50/2017 registered with the Police Station, Ghagwal for commission of offences under Ss. 376/506 RPC on the complaint of respondent No.2 who got the FIR registered in terms of Sec. 156(3) Cr.P.C on the directions of Learned Chief Judicial Magistrate, Samba by alleging that she was subjected to sexual assault on the marriage promise which the petitioner deny though there was marriage proposal, but the petitioner after coming to know about the antecedent of the respondent No.2 refused the marriage proposal and there was no relation between the petitioner and respondent No. 2.

(2.) The case of the petitioner is that he who belongs to respectable family and is serving in the Indian Army recruited in the year 2012 in 5 JAKLI, after recruitment the petitioner underwent initial training for a period of two years without any break. Thus, in the year 2016, there was marriage proposal from the parents of the respondent No.2 which the parents of the petitioner agreed and marriage was to be solemnized in the month of June, 2017. During this period, the petitioner came to know from the respondent No. 2 herself who while making telephonic conversation admitted to have a love affair with somebody else and narrated her physical relation with that person. On knowing this fact, the petitioner refused the marriage proposal upon which the respondent No.2 and her parents started insisting for marriage and threatened the petitioner to implicate him for the commission of offence.

(3.) Learned counsel for the petitioner states that respondent No.2 filed a complaint before the Chief Judicial Magistrate, Samba. The learned Magistrate on the basis of the said complaint directed SHO Police Station, Ghagwal to register an FIR for commission of offence under Ss. 376/506 RPC. The petitioner challenges the said FIR No.50/2017 registered with the Police Station, Ghagwal for commission of offences under Ss. 376/506 RPC on the following grounds:-