BALKAR SINGH Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioner through the medium of present petition filed under Section 561-A of Criminal Procedure Code is seeking quashment of FIR No. 113/2017 registered at Police Station, Channi Himmat, Jammu for commission of offences punishable under Sections 376, 376-C, 420, 503 and 506 Ranbir Penal Code, in which the petitioner is alleged to have committed sexual intercourse against the prosecutrix on the pretext of providing her a plot of land at cheap rate located at National Highway site Kathua.

(2.) Before delving upon the merit of the case, a brief advertence of the circumstances leading to filing of impugned FIR is necessary. The prosecutrix wanted to purchase a plot of land and when she approached, the J&K Co-operative Housing Corporation Ltd. was unable to provide the plot and in turn referred the prosecutrix to its affiliated society, namely, J&K Cooperative Housing Society run by the petitioner. In this way, the prosecutrix contacted the petitioner- accused on his mobile number and requested him to provide a plot of land, who agreed to provide a plot and took the complainant many times to Kathua to show her plots there. It is alleged that the petitioner-accused offered her to sell the plot at cheap rate if the prosecutrix establish the sexual intercourse with her thereby induced the prosecutrix to commit sexual intercourse with the petitioner on four occasions in his vehicle while taking her to Kathua to show her plots. The prosecutrix also alleged that she paid forty thousand rupees to the petitioner through an Advocate at Kathua. It was stated that on 26.09.2017, when the prosecutrix enquired from the petitioner- accused as to when she will get her plot, the petitioner refused to give any plot and threatened of dire consequences. The petitioner approached the Police Station, Channi Himmat, Jammu on 26.09.2017, and reported the matter, which was written in Urdu language. Since prosecutrix doesn't know the Urdu, so when the statement was read by an Urdu knowing person, it revealed that police has not written the statements made by the presecutrix correctly instead tried to shield the accused by writing distorted versions. Aggrieved thereof, on the advice of her fiancà ((THELAW)), she approached the Court by filing a complaint under Section 156(3) Cr.P.C and same was forwarded by the Court of Spl. Railway Magistrate, Sub Judge, Jammu to S.H.O Police Station Channi Himmat Jammu. Accordingly, the impugned FIR came to be registered.

(3.) During the pendency of this petition, the prosecutrix filed the intervenor affidavit deposing therein that the incidents mentioned in the FIR had not happened actually and the prosecutrix was compelled and coerced to level the false allegations against the petitioner- accused by her fiancà ((THELAW)), who to extract money by blackmailing the petitioner. On this, the statement of the prosecutrix under Section 164- A Cr.P.C came to be re-recorded before Judicial Magistrate 1st Class (Munsiff), Jammu on 19.01.2019, wherein she belied the version given in FIR and statements already recorded and reiterated that petitioner accused is innocent and allegations were false made under the influence of her fiancà ((THELAW)) Shabir Ahmed. It is also stated that miscellaneous applications filed in this case were made by Shabir Ahmed on her behalf without her consent.