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2018 Supreme(J&K) 792

SANJAY KUMAR GUPTA
Sunil Kumar – Appellant
Versus
State of J&K – Respondent


Advocate Appeared:
For the Appellant :M/s Sanjay Sharma and G. S. Thakur Advocates.
For the Respondent:Mr. Vishal Bharti, Dy.AG Ms Monika Kohli, Advocate

JUDGMENT :

1. Petitioner invokes the inherent jurisdiction of this Court under section 561-A Cr.P.C. to seek quashing of FIR No.50/2017 registered with the Police Station, Ghagwal for commission of offences under Sections 376/506 RPC on the complaint of respondent No.2 who got the FIR registered in terms of Section 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























































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