JUDGMENT :

Sanjay Dhar, J.-Petitioner has challenged FIR No.277/2015 for offences under Section 376/420 RPC and the challan emanating there from, which is stated to be pending before the Court of 3rd Additional Sessions Judge, Jammu.

2. According to the petitioner he has entered into wedlock with complainant/prosecutrix vide marriage agreement dated 12.01.2015 against the wishes of his parents on account of the fact that complainant belongs to a different caste. The petitioner claims that he had offered the complainant to live with her in a separate residence but she insisted upon living with him only in the parental house. The petitioner further claims that his wife, the prosecutrix, filed a report with Police Station, Women Cell, Jammu, wherein she complained that the petitioner is not ready to rehabilitate her but thereafter the complainant/prosecutrix lodged a complaint before Judicial Magistrate, 1st Class, City Judge, Jammu, alleging therein that petitioner has committed sexual intercourse with her on the false promise of marriage. The FIR came to be registered pursuant to the orders of the learned Magistrate and after investigation, the impugned challan came to be filed before the trial court.

3. Petitioner has challenged the impugned FIR and the challan emanating there from primarily on the ground that that the offence under Section 376/420 RPC is not made out against the petitioner as he happens to be the husband of complainant/prosecutrix. According to the petitioner, continuance of criminal proceedings against him in these circumstances amounts to abuse of process of law.

4. No reply has been filed by the official respondents. During pendency of the proceedings, the complainant/prosecutrix was made a party to the petition. However, she could not be served and according to the service report, her mother informed that she has, of her own accord, entered into wedlock with some unknown person and her whereabouts are not known.

5. I have heard learned counsel for the parties and perused the material on record including the trial court record.

6. As per the allegations made in the charge sheet, which is based upon the complaint made by the prosecutrix before the Judicial Magistrate 1st Class (City Judge), Jammu, the petitioner came in contact with the prosecutrix in the year 2011 and offered to marry her. Initially, the complainant refused the offer but when the petitioner expressed his love for the complainant, she agreed to his request. According to the complainant, on the basis of this promise of marriage, the petitioner indulged in sexual intercourse with her several times. She goes on to allege that in October, 2012, the petitioner filmed her nude photographs and threatened that if she would not marry him, he would circulate these nude photographs. In the month of March, 2014, the petitioner approached the complainant again and held out assurance about their marriage. He also introduced the complainant with his parents and continued to enjoy sex with her till November, 2014. The complainant further submits that she asked the parents of the petitioner to transfer their property in favour of the petitioner who started demanding dowry in the shape of cash and kind. The petitioner and the complainant executed a marriage agreement on 12th January, 2015 and the petitioner assured the complainant that they will solemnize marriage as per Hindu rites and customs in Arya Samaj Mandir after two months but when the marriage was not solemnized, the complainant approached Police Post, Chinore, for registration of the FIR but the parents of petitioner again assured her that the marriage ceremony would take place.

7. According to the complainant, on 04.09.2015, the petitioner along with his parents and the complainant along with her parents went to the Court Complex, Jammu, for executing agreement for solemnization of marriage but the agreement that was in possession of the complainant was snatched away by the petitioner and he as w