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2019 Supreme(J&K) 143

Manik Seth – Appellant
Versus
State of J&K – Respondent


Appearing Counsel:
For the Petitioner(s):Mr. Sunil Sethi, Sr. Advocate with Mrs. Veenu Gupta and Mr. MohitVaid, Advocates
For the Respondent(s):Mr. C.M. Koul, Sr. AAG for State Mrs. Deepali Arora, Advocate for complainant.

Judgment

1. Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioner seeks quashing of FIR No.147/2018 dated 06.05.2018, registered with Police Station, Domana, Jammu for commission of offence punishable under Section 376/366 Ranbir Penal code against the petitioner and the proceedings/investigation being conducted by the respondent against the petitioner in the impugned FIR.

2. The case of the petitioner is that he and complainant-X (name withheld) were having a love affair for the last four years and after such a long drawn love affair, the engagement of the petitioner and the complainant took place, but the complainant refused for the marriage with the petitioner. It is stated that the complainant filed an application under section 156(3) of the Code of Criminal Procedure seeking directions to the SHO Police Station, Domana, Jammu to register an FIR against the petitioner in which a highly baseless and vexatious story of kidnapping and rape has been projected. Besides other accusation, it has been alleged by the complainant that on 28h April 2018 the petitioner was alleged to have kidnapped the complainan













































































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