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2024 Supreme(J&K) 244

SANJAY DHAR
Rakesh Kumar – Appellant
Versus
UT of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Aayushi Sharma.
For the Respondent: Dewakar Sharma.

JUDGMENT :

Sanjay Dhar, J.

1. The petitioner has challenged FIR No. 6/2022 for offences under section 376 and 420 IPC registered with Police Station, Women Cell, Kathua.

2. It appears that the impugned FIR has been registered on the basis of the complaint made by Respondent No. 2 in which she had alleged that in the year 2017, she was asked by the petitioner to have a relationship with him and accordingly, they started meeting each other in the college. It was further alleged that after a few meetings, the petitioner agreed to enter into wedlock with the Complainant/Respondent No. 2 and on 09.07.2018, a document came to be executed by the parties in the court at Hiranagar. It was further alleged in the complaint that one day, she was taken by the petitioner to a house on the pretext of taking her to Jasrota Mata Mandir at Rajbagh where her consent to have sexual intercourse was obtained by the petitioner on the promise of marriage. According to the complainant, thereafter the petitioner had sexual intercourse with her on a number of occasions by representing himself as her legally wedded husband. In October, 2019, when the complainant asked the petitioner to take her to matrimonial ho

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