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2021 Supreme(J&K) 624

RAJNESH OSWAL
Surinder Singh – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Sunil Sethi, Navyug Sethi
For the Respondent: Jamrodh Singh, Bari Abdullah

JUDGMENT :

1. The petitioner has filed the present petition under section 482 Cr.P.C. for quashing of the FIR No. 0095 of 2020 dated 03.07.2020 registered with Police Station, Ramban for commission of offence under section 376 IPC.

2. It is stated in the petition that the petitioner is serving as a Sepoy in 17 RR (Rashtriya Rifles) and is posted in District Kishtwar. The parents of the complainant forced the parents of the petitioner to agree for marriage with the complainant. On 13.12.2019, the complainant along with her parents visited the residence of the petitioner, where the parents of the petitioners without his consent told that the petitioner is going to be engaged with the complainant and later on their marriage will be solemnized. The petitioner neither gave any consent nor was prepared for such marriage. It is further stated that in order to pressurize the petitioner to marry the complainant, baseless complaint dated 26.06.2020 was lodged with the Superintendent of Police, Ramban alleging therein that on 17.12.2019 and 08.01.2020, the complainant was subjected to rape by the petitioner on the false promise of marriage without indicating the details pertaining to time, plac

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