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High CourtsSingle Bench(2020) 09 J&K CK 0056

Amandeep Jalhotra vs Union Territory Of J&K And Others

Jammu And Kashmir High Court · Decided on 24 September 2020

HON’BLE JUDGES
Rajnesh Oswal, J
CASE NUMBER
Criminal Miscellaneous Petition No. 272 Of 2020, Criminal Miscellaneous No. 1004, 1005 Of 2020

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Judgment

13 paragraphs · 254 words

Rajnesh Oswal, J

CrlM No. 1005/2020

The instant application has been filed by the petitioner seeking extension of time for filing the affidavit, stamp and court fee etc in support of petition. For the reasons stated in the application, the same is allowed.

The petitioner shall do the needful within a period of three days, when the normal functioning of the Courts begins. Application is, accordingly, disposed of.

CRM (M) No. 272/2020, CrlM No. 1004/2020

Present petition has been filed for quashing of FIR No. 0144/2020 dated 16.08.2020 for commission of offence under section 376 IPC registered by respondent No. 1 at the instance of respondent No. 2.

Learned counsel for the petitioner submits that the present FIR was lodged by respondent No. 2 as she had developed apprehension that the petitioner would not marry her. Now that apprehension exists no more as the petitioner and respondent No. 2 has solemnized the marriage and in support thereof, they have placed on record copy of marriage agreement and certificate of marriage issued by the Arya Samaj Janipur Jammu.

Prima facie case for indulgence is made out.

Notice.

Mr. Aseem Sawhney, AAG accepts notice on behalf of respondent No. 1. Mr. Rohan Nanda, Advocate has caused appearing on behalf of respondent No. 2. He submits that he shall file the vakalatnama today.

Objections/status report be filed by the next date.

List on 05.11.2020.

Meanwhile, Investigating Officer shall get the statement of respondent No. 2 recorded before the concerned Magistrate and shall place the same on record.