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2021 Supreme(J&K) 128

SANJEEV KUMAR
Sunil Choudhary – Appellant
Versus
Union Territory J&K – Respondent


Advocates:
Appearing Counsel:
For the Petitioner(s):Mr. Pardeep Majotra, Advocate
For the Respondent(s):Mr. A.M. Malik, AAG and Mr. Vishal Sadotra, Advocate

Judgment

Sanjeev Kumar, J.—Instant petition, under Section 482 of the Code of Criminal Procedure, has been moved by the petitioner/accused seeking quashment of FIR No. 293/2020 dated 06.12.2020 for offence under Section 376 IPC registered with Police Station, Bari Brahamana, Samba as well as the consequent proceedings emanating therefrom.

2. Briefly stated, the case of prosecution is that on 06.12.2020, the prosecutrix lodged a written complaint with the Police of Police Station, Bari Brahmana, Samba alleging therein that she had been continuously exploited and raped by the petitioner/accused since last 7 years on the promise of marriage with her. Since the petitioner/accused refused to marry the prosecutrix, she filed a complaint before the Police. On the basis of this complaint, the Police registered the aforesaid FIR for offence under Section 376 IPC and arrested the petitioner. It is pertinent to mention here that during the course of investigation of the case, the statement of prosecutrix under Section 164 Cr.P.C has been recorded.

3. The petitioner has challenged the aforesaid FIR on the ground that no case, much less a case punishable under Section 376 IPC is made out agains

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