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Judgment
CRMC No. 5392018Â
Through the instant writ petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek
quashing of FIR No.0294 dated August 11th, 2018 registered with Police Station, Kathua, under Sections 420, 376 and 109 RPC and also for quashing
of order/direction dated July, 19th 2018 passed by the Chief Judicial Magistrate, Kathua.
In the petition, it has been stated that petitioner No.1 is having six members in the family, petitioner No.2 is his wife, petitioner No.3 is his son
who is having two mentally retorted sons. The whole responsibility of the family more particularly is upon petitioner No. 3 who is serving in ITBP prior
to Nov. 2013. It is stated that before his appointment in ITBP petitioner No.3 was having his Readymade Garment Shop at Barnote with petitioner
No.1. It is stated that respondent No.3 is having three sisters and a brother, eldest sister has got married at Sujanpur and rest are un-married. The
respondent No.3 used to come to the shop of the petitioner No.3 sometimes with her sister and sometimes with a boy, namely, Rahul, stated to be her
relative and she introduced him as her boyfriend and after solemnization of marriage of Rahul, she insisted petitioner No.3 to have relationship with
each other, which petitioner No. 2 categorically in clear terms ignored. Thereafter, petitioner no.3 was appointed in ITBP at Battala and due to which
he remained out from his place of residence in different places.
That a complaint under Section 156(3) CRPC was filed by the respondent No. 3 against the petitioners before Chief Judicial Magistrate, Kathua.
The petitioners seek quashing of the FIR No.0294 dated 11th August, 2018 and order/direction 19th July, 2018 on the grounds that before filing an
application under Section 156 sub-section (3) no prior application under Section 154 sub-section (3) of the Code of Criminal Procedure was made by
the complainant as such, the FIR in question registered against the petitioners is incomplete, and in violation of the law laid down, therefore the same
requires to be set aside or quashed. It is stated that the uncontroverted allegations made in the complaint as well as in the FIR are to be read as a
whole and accepted in their entirety as true, even then no offence is made out against the petitioners. The further ground taken by the petitioners is
that the allegations of sexual exploitation on the pretext of marriage made by the respondent No. 3 in the complaint, itself reflects consent of her in
maintaining physical relationship, further more specifically stated in her complaint regarding the committing of sexual inter-course with her since 2013
with assurance of marriage with her, that too by a major girl having the age of 20 years did not constitute the offence of rape. It has also been stated
that Petitioner no.3 is going to be married on 19th of September 2018, so deliberately false complaint has been lodged in order to put hindrances in
marriage; that petitioners no.1 and 2 never met complainant.
I have considered the contentions of learned counsel for petitioner.Â
Issue notice to respondents.  Mr. F.A Natnoo, AAG, has accepted the notice on behalf of respondent Nos.1 & 2. He shall file objections.
Notice to respondent no.3 also returnable within four weeks.Â
List on 12.10.2018.   Â
IA No. 01/2018
Notice as above.
Mr. F. A. Natnoo, AAG, to file objections. Notice to respondent no.3 also returnable within four weeks. Â
Till next date of hearing before the Bench, further investigation of the case FIR No.0294 dated 11.08.2018 registered with Police Station Kathua,
shall remain stayed. This order shall, however, be subject to objections from other side.Â