Back
M. A. CHOWDHARY
Surjeet Kour – Appellant
Versus
Union Territory of Jammu & Kashmir through – Respondent
JUDGMENT
The petitioners through the medium of this petition under Section 482 of the Code of Criminal Procedure seek quashment of FIR No.13/2021 for the commission of offences punishable under Sections 498-A, 323, 109 of Indian Penal Code registered at Police Station, Women Cell, Jammu and the chargesheet arising there from pending before the trial court.
2. The petitioners being aggrieved of the aforesaid FIR and chargesheet have challenged the same asserting in their petition that the petitioner No.4 was married to the respondent No.3 in accordance with Sikh rites and rituals on 14.10.2010 through a matrimonial site namely “Jeevan Sathi.com” where both of them had uploaded their profile in order to find a suitable life partner for marriage; that after a courtship period of almost one year, they decided to enter into wedlock; that at the time of marriage, the petitioner No.3 was working as HVAC Engineer in RKR Software Ltd. Company whereas, respondent No.3 was working as Physiotherapist in Deepak Hospital in Saraba Nagar, Ludhiana (Punjab); that the petitioner No.4 at the time of his marriage and thereafter lived in Noida whereas, the respondent No.3 in Ludhiana as both of them h
Cruelty – Court must guard against false and vindictive cases..
The High Court cannot quash an FIR unless the allegations do not constitute an offence; the judiciary must respect the trial process and not supplant it with its judgment on the merits of the case.
The main legal point established is the power of the High Court to quash criminal proceedings under Section 482 of the CrPC if they are manifestly frivolous or vexatious, and if instituted with an ul....
The court established that proceedings under the Domestic Violence Act cannot be quashed unless it is clear that no prima facie case exists and the allegations are malicious.
The court emphasized that the FIR could not be quashed at this stage, especially in the absence of any material collected by the investigating agency and in the absence of any challenge to the cogniz....
Parents cannot be held vicariously liable for their adult child's actions without direct allegations against them; FIR quashed due to lack of evidence.
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
