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HC quashes FIR in rape case 4/6/2019 11:02:53 PM Early Times Report JAMMU, Apr 6: One Vikram Singh has filed a petition seeking quashment of quashment of FIR No. 26/2016 dated 1-11-2016 registered at Police Station, Basantgarh for commission of offences under Sections 376, 506, 109 RPC. Justice Sanjay Kumar Gupta after hearing Advocate Bari Abdullah for the petitioner, quashed the FIR with the observations that the FIR impugned has been lodged with an ulterior motive for wreaking vengeance on the accused and with a view to spite them due to private and personal grudge; thus criminal proceedings is manifestly attended with mala fide and has been maliciously instituted. The case of the petitioners is that respondent No.2-X (NAME WITHHELD) D/o Rattan Chand filed a complaint with police station Basantgarh. Thereafter, on 24.10.2016 she submitted an application under section 156 (3) Cr.P.C before learned CJM Udhampur, who transferred the same to the District Mobile Magistrate Udhampur which came to be dismissed by the Magistrate and thereafter on 29.10.2016 she approached the Police Station and FIR No. 26/2016 under Sections 376, 506, 109 RPC came to be registered against petitioner Nos.1 and 2 and against one Shakti Devi, shown to be the wife of Bikram Singh. It is stated that the said F.I.R. bearing No.26/2016 under Sections 376, 508,109RPC which has been registered in police station Basantgarh is based on false and frivolous grounds and the petitioners are respectable and reputed citizens of the society. But the fact remained that the alleged accused persons have not committed any offence as contained in the aforesaid FIR. It is stated that the reason of registration of FIR is against the mandate of law for the reason that in the FIR the prosecutrix has herself mentioned that she was residing with petitioner No.1 and on the pretext of both having love affair were living as husband and wife, and when she came to know that petitioner No.1 has married to another girl, namely, Shakti Devi as such she filed the application against the petitioners for registration of FIR before the police.   Share This News with Your Friends on Social Network     Comment on this Story

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