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

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 that in the month of February, 2016, the petitioner induced the respondent No. 3 to enter into physical relation on the assurance that he would marry her but the respondent No. 3 refused. The further allegations levelled against the petitioner are that the respondent No. 3 accompanied the petitioner to Katra in the year 2017 and when they stayed in a hotel, the petitioner insisted the respondent No. 3 for physical relation by taking oath of Vaishno Devi that the pe

Click Here to Read the rest of this document