Vinod Singh Saini vs U. T. of J&K - 2023 Supreme(J&K) 704

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

2023 Supreme(J&K) 704

SANJAY DHAR
Vinod Singh Saini – Appellant
Versus
U. T. of J&K – Respondent

Advocates:
Advocate Appeared:
For the Appellant : M.S. Saini
For the Respondent: Pawan Dev Singh; None

Table of Content
1. challenge to fir based on facts of the case. (Para 1 , 2 , 6)
2. prosecutrix's compromise and marriage details. (Para 3 , 4 , 5)
3. court's considerations on continuing prosecutions. (Para 8 , 20)
4. distinction between quashing and compounding offences. (Para 9 , 12)
5. court's order to quash the proceedings. (Para 21 , 22)

JUDGEMENT

1. The petitioners have challenged the challan emanating from FIR bearing No. 29/2018 for offences under sections 366, 376, 342, 506 and 34 RPC registered with Police Station, Arnia, Jammu pending before the Fast Track Court, Jammu.

2. As per the prosecution case, on 09.05.2018, petitioner No. 4 had entered into a wedlock with respondent No. 2, the complainant. However, petitioner No. 1 was compelling petitioner No. 4 (hereinafter to be referred as the prosecutrix) to enter into wedlock with him and in this connection, petitioner No. 2 who happens to be the brother of petitioner No. 1 used to approach the prosecutrix time and again. The said petitioner told the prosecutrix to proceed to Mumbai to meet petitioner No. 1 or else he would finish off his life. Accordingly, on 12.05.2018, the prosecutrix while she had gone to market along with h