1. Petitioner invokes inherent jurisdiction of this Court under section 561-A Cr.P.C. for quashing FIR No. 236/2014 dated 19.11.2014 registered at Police Station Rajbagh, Kathua under Section 376/420 RPC.

2. In this petition, it has been stated that petitioner has been falsely and wrongly implicated in case FIR No. 236/2014 registered by the respondent No.2 for commission of offences punishable under Sections 376/420 RPC, on the basis of complaint filed by the complainant alleging therein that she had a love affair with the petitioner on the promise of marrying her and had allegedly committed sexual intercourse with her. The aforesaid FIR has been lodged by projecting two important aspects:

(a) The complainant was minor on the date of alleged commission of offence.

(b) The alleged incident of sexual intercourse has taken place in a cinema hall when the film was running.

3. A reference to the aforesaid two aspects clearly shows that the stage two is not believable and it is highly inconceivable that any such activity could take place in a public place like cinema hall. Insofar as stage (a) is concerned, it is submitted that the complainant was major as on the date of alleged occurrence. A copy of date of birth of the complainant is annexed with the petition. It is further contended that the petitioner subsequent to registration of the aforesaid FIR, filed an application for grant of anticipatory bail and the same was rejected. It is further averred that although there is no evidence against the petitioner even then the respondent No.2 is harassing the petitioner.

4. The petitioner is aggrieved of the FIR No. 236/2014 registered by respondent No.2 and seeks its quashment on the following grounds:

(a) That the allegations alleged against the petitioner in FIR are highly false and frivolous as no such incident of sexual intercourse has ever occurred. Since the marriage proposal could not mature, the complainant in order to build pressure upon the petitioner and to black mail him has got the aforesaid FIR registered against him. The allegations of sexual intercourse in a cinema hall where the film was being under way are highly vexatious as sexual intercourse in a public place is not conceivable under any stretch of imagination. Thus the FIR merits to be quashed and the allegations in the FIR do not disclose the cognizable offence, therefore, the same is required to be quashed.

(b) That the allegations made in the FIR are so absurd and inherently improbable on the basis of which it has been inferred that there is sufficient ground for proceeding against the petitioners. The FIR has been maliciously instituted with an ulterior motive for wreaking vengeance on the petitioners.

(c) That the FIR registered by respondent No.2 against the petitioner on the fact of it, is full of lies, containing completely false and frivolous allegations, the same is registered by succumbing to the pressure and influence exerted by the complainant party, otherwise, as is clear from the police report submitted by respondent No.2 before the trial Court.

5. Vide order dated 09.02.2015, this Court while entertaining the instant petition, issued notice to the respondents for filing objections and in the meantime, stayed the operation of the FIR No.236/2014 dated 19.11.2014 registered at Police Station, Rajbagh, Kathua.

6. On 19.08.2015, respondents have filed the objections wherein it is averred that as per the complaint of the complainant-respondent No.3, the complainant met Roshan Lal Sharma S/o Yudhishter Sharma R/o W.No. 12, Hiranagar at Mahakaal Temple, Jakhole and became friends. The accused also expressed his feelings and intention to marry the complainant. On 23.02.2014 she was taken to Apsra Theater, Jammu where they had sexual intercourse on his promise to marry her, but subsequently refused. The complainant suffered mental and emotional stress. The complainant only on the promise of marriage consented to relation with Roshan Lal. On the FIR being l