AJAY KUMAR Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioner seeks quashing of the FIR No.0019 of 2019 dated 19.02.2019 registered with Police Station Bishnah against the petitioner for commission of offence under Sections 376, 318, 420 RPC and the investigation/ proceedings being conducted against the petitioner in the said FIR.

(2.) The case of the petitioner is that complainant had acquaintance with the petitioner and she showed her desire to marry the petitioner, but the family of the complainant was against the said marriage because of the reason that the petitioner is driver by profession. Even the family of the petitioner was also not agreeable to the marriage of the petitioner with the complainant. It is stated that the complainant is having close nexus and proximity with the officials of Police Station, Women Cell, Gandhi Nagar, Jammu and in order to put pressure on the petitioner to marry her, she started threatening the petitioner of his false implication in a criminal case. It is further stated that complainant filed some complaint with Police Station, Women Cell, Jammu on 11.01.2019 and petitioner was called to the police Station where the complainant alleged that conversation with regard to her marriage with the petitioner was done and further alleged that the petitioner has committed rape on her as a result of which she became pregnant. Complainant further alleged that she had taken medicine and her pregnancy aborted.

(3.) Learned counsel for the petitioner states that neither in the complaint filed by the complainant nor in the enquiry conducted by the Police Station, Women Cell Jammu, the time, date, and place of alleged rape were indicated and further that there was no evidence brought on record, which even remotely demonstrated the fact that the complaint was pregnant and abortion was done. It is stated in the complaint, that the complainant also attempted to rope the parents of the petitioner. It is further stated that complainant has close nexus with an official of Police Station, Women Cell, Jammu, therefore, because of the influence and pressure yielded by the complainant through one of the police officials got her complaint referred to Police Station, Bishnah. A Special Govt. vehicle along with its driver and a selection grade constable was deputed to Police Station, Bishnah to get the impugned FIR registered against the petitioner. It is stated that based upon the docket sent by the Police Station, Women Cell, Jammu the respondent without conducting any enquiry and without associating the petitioner with any such enquiry, registered the impugned FIR No.0019 of 2019 dated 19.02.2019 and with the registration of the said FIR, petitioner was arrested on 19.02.2019.