VIKRAM SINGH Vs. STATE OF J & K

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C.) petitioners seek quashment of FIR No. 26/2016 dtd. 1/11/2016 registered at Police Station, Basantgarh for commission of offences under Ss. 376, 506, 109 RPC.

(2.) The case of the petitioners is that respondent No.2-X (NAME WITHELD) D/o Rattan Chand filed a complaint with police station Basantgarh. Thereafter, on 24/10/2016 she submitted an application under sec. 156 (3) Cr.P.C before learned CJM Udhampur, who transferred the same to the District Mobile Magistrate Udhampur which came to be dismissed by the Magistrate and thereafter on 29/10/2016 she approached the Police Station and FIR No. 26/2016 under Ss. 376, 506, 109 RPC came to be registered against petitioner Nos.1 and 2 and against one Shakti Devi, shown to be the wife of Bikram Singh. It is stated that the said F.I.R. bearing No.26/2016 under Ss. 376, 508,109RPC which has been registered in police station Basantgarh is based on false and frivolous grounds and the petitioners are respectable and reputed citizens of the society. But the fact remained that the alleged accused persons have not committed any offence as contained in the aforesaid FIR. It is stated that the reason of registration of FIR is against the mandate of law for the reason that in the FIR the prosecutrix has herself mentioned that she was residing with petitioner No.1 and on the pretext of both having love affair were living as husband and wife, and when she came to know that petitioner No.1 has married to another girl, namely, Shakti Devi as such she filed the application against the petitioners for registration of FIR before the police.

(3.) Learned counsel for the petitioner contended that the FIR registered by the Police Station Basantgarh is not sustainable in the eyes of law as the same has been registered as a tool to harass the petitioner No.1 and his family as such requires to be quashed. It is further stated that when the FIR was lodged the petitioner No.1 was out of station. It is stated that after the investigation of the case, none of the witnesses has deposed anything against the petitioners and furthermore the FIR was lodged with the motive to teach lesson to the petitioner No.1 and his family members. It is further stated that the third accused, namely, Shakti Devi Thakur has already approached the Hon'ble High Court by way of petition under Sec. 561-A Cr.P.C bearing No. 619/2016 and in the said petition this Court has stayed the investigation in FIR No 26/2016 registered at police station Basantgarh.