Mintu Kumar vs Union Territory of Jammu And Kashmir

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 722

RAJNESH OSWAL
Mintu Kumar – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent

Advocates:
Advocate Appeared:
For the Appellant : Anil Khajuria
For the Respondent: Vishal Bharti; Jagpaul Singh

Table of Content
1. quashing of fir for lack of ingredients of offence. (Para 1 , 2)
2. responses indicate ongoing disputes and varying claims. (Para 3 , 4)
3. arguments highlight contentious nature of promises. (Para 5 , 6 , 7)
4. criteria for false promise to marry established. (Para 10)
5. case law analysis provides guidance on consent. (Para 11 , 12)
6. no prima facie case under section 376 ipc. (Para 13)
7. end of proceedings and return of case diary. (Para 14 , 15)

JUDGEMENT

1. The petitioner has filed the present petition for quashing the FIR No. 0125 of 2021, dated 21.04.2021 registered with Police Station, Samba for the commission of offence under section 376 IPC against the petitioner at the instance of the respondent No. 3.

2. It is stated that the FIR impugned does not disclose the commission of offence under section 376 IPC by the petitioner as the necessary ingredients of the offence are missing in the FIR. It is further averred that the allegations contained in the FIR unequivocally indicate the love-affair between the petitioner and the respondent No. 3 which commenced in the year 2015 and continued for a period of over six years as the respondent No. 3 has herself admitted t

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