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2021 Supreme(J&K) 414

RAJNESH OSWAL
Jasmit Singh – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner(s):Mr. Vishal Sharma, Advocate
For the Respondent(s) Nos.1 and 2: Mr. Aseem Sawhney, AAG
For the Respondent(s) No.3:Mr. Ayushman Kotwal, Advocate

JUDGMENT :

Rajnesh Oswal, J.

1. The present petition has been filed by the petitioner for quashing of FIR bearing No. 0051 dated 06.04.2019 for commission of offence under section 376 RPC registered with Police Station, R. S. Pura at the instance of respondent No. 3.

2. It is stated that the respondent No. 3 who is resident of a nearby village of the petitioner, was known to the petitioner. The petitioner went to the Cyprus Europe in the year, 2008 and came back to India in the year, 2013. The respondent No. 3 got married with one Manjeet Singh of Gurdaspur in the year, 2015 and settled in her matrimonial home after marriage. It is further stated that after some years of marriage, she came back to her village and coincidently met the petitioner at Talli Sahib Gurudwara in the year, 2016 and told the petitioner that she was having a marital dispute with her husband as well as her in-laws and she had been residing with her parents now. The respondent No. 3 has also filed a petition under the Domestic Violence Act against her husband as well as in-laws.

3. It is further stated that thereafter the respondent No. 3 started becoming friendly with the petitioner while visiting the Gurudwara a

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