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| HC quashes two separate rape FIRs lodged by same women | | | EARLY TIMES REPORT
Jammu, Sept 6: Justice Rajneesh Oswal of Jammu & Kashmir High Court quashed two different FIR of Rape registered against two different people one is ArmY personaL and other is Doctor in two different police station by same woman. Justice Rajneesh oswal after hearing Adv Jagpal Singh and Adv Vikas Sharma for the petitioners whereas AAG Aseem Sawhney and GA Adarsh Bhagat for the respondents observed that in both the F.I.Rs, one thing is clear that respondent No. 2 has been changing her stands time and again. In one F.I.R she has stated herself to be rustic villager, whereas, in other F.I.R she has stated that she has been pursuing higher studies.
In both the F.I.Rs, there are common allegations with regard to the commission of rape on the pretext of marriage and no date and place of occurrence has been mentioned in either of the F.I.Rs. In both the FIRs the occurrences have been mentioned with regard to the year 2018 as well and it reflects the conduct of respondent No. 2 that she indulged in sexual relationship with two persons on the promise of marriage in the year 2018. This Court has no hesitation to hold that from the conduct of the respondent No. 2, it is evident that a false and frivolous F.I.Rs have been lodged by respondent No. 2 against both the petitioners. Justice Rajnesh Oswal further observed that law is well settled that when there is allegation that the sexual relationships were made on the basis of false promise of marriage, then it has to be established that promise of marriage was a false promise, given in bad faith and with no intention of being adhered to at the time it was given.
In the petition filed by Suresh Kumar and Rakesh Kumar seeking quashment of FIR 226/2018 dated 24.08.2018, under section 376 RPC registered with Police Station, Samba and FIR bearing No. 24/2020 dated 16.03.2020 under Section 376/420 IPC registered with Police Station, Janipur As both the FIRs have been lodged by the same complainant. Justice Rajnesh oswal observed that both the petitions are fit case for showing indulgence as per the law laid down in Bhajan Lal's case and as such in view of what has been discussed above, both the petitions are allowed. The impugned F.I.Rs bearing Nos. 226/2018 dated 24.08.2018, under section 376 RPC registered with Police Station, Samba and 24/2020 dated 16.03.2020 under Section 376/420 IPC registered with Police Station, Janipur are quashed. As the main F.I.Rs stand quashed. (JNF) |
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