Back
IN THE HIGH COURT OF JHARKHAND AT RANCHI
ANIL KUMAR CHOUDHARY
Suman Kumar S/O Subodh Kumar Mandal – Appellant
Versus
State of Jharkhand – Respondent
| Table of Content |
|---|
| 1. request for fir quashing under ipc (Para 2) |
| 2. arguments for consensual relationship defense (Para 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10) |
| 3. court's assessment of consent and allegations (Para 11 , 12 , 13) |
| 4. non-cognizable offense clarification (Para 14) |
| 5. abuse of process ruling for fir (Para 15) |
| 6. final ruling on fir quashing (Para 16 , 17) |
JUDGMENT :
Anil Kumar Choudhary, J.
Heard the parties.
2. This Criminal Miscellaneous Petition has been filed invoking the jurisdiction of this Court under Section 528 of B.N.S.S., 2023 with the prayer to quash the FIR in connection with Mihijam P.S. Case No.48 of 2025 registered for the offence punishable under Section 376 and 493 of the Indian Penal Code and the said case is still pending before Judicial Magistrate-1st Class, Jamtara.
3. Learned counsel for the petitioner submits that the investigation of the case is going on and charge-sheet has not yet been submitted. The allegation against the petitioner is that the petitioner promised to marry the informant after contacting her over phone and on the promise of marriage on 23.06.2022, established physical relation with the informant. On 02.11.2022, the petitioner solemnized marriage
The main legal point established in the judgment is the binding effect of the settlement between the parties, the waiver of the right to seek re-employment by the workmen, and the entitlement of the ....
A lockout is justified if it is declared in response to an illegal strike or a strike that is in breach of a settlement or award.
The combination of eyewitness testimonies, recovery of the weapon used, and forensic examination results can establish guilt in criminal cases, even based on circumstantial evidence.
The conviction of an accused person under Section 27(3) of the Arms Act is not permissible in law if the accused is also charged with committing murder under Section 302 of the Indian Penal Code.
The court can enhance compensation based on the deceased's income and family dependency, and adjust the multiplier used by the Tribunal if found unjustified.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
