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2023 Supreme(J&K) 16

M. A. CHOWDHARY
Sohan Lal Sharma – Appellant
Versus
UT of J. & K. – Respondent


Advocates Appeared:
For the Petitioner: M.A. Bhat.
For the Respondents: Adarsh Bhagat.

JUDGMENT :

1. This petition has been filed under section 482 Cr.P.C. seeking quashment of the FIR No. 72/2022 dated 26.06.2022 registered at Police Station Thathri Doda, at the behest of respondent No. 2, wherein the petitioner-accused person was found involved in the commission of offence punishable under section 366/376 IPC.

2. Petitioner/accused pleaded following facts:-

    a) That the petitioner is a defence personnel serving in Army in a unit of Rashtriya Rifles as a sepoy and is presently posted at Anantnag. He is the only earning hand in the family comprising of old aged mother and himself. His father has died when the petitioner was of a tender age.

b) That the daughter of the complainant who is doing her MA and is major girl residing in nearby village, managed Whatsapp number of the petitioner and started messaging him from her Mobile No. 9149699762 and expressed her desire to marry with the petitioner. At the time when the daughter of the complainant started sending messages to the petitioner, the petitioner was on his active duty in Kashmir Valley. The petitioner has never indulged in any such activity with the daughter of the complainant which could be termed as indecent or o

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