Usha Kiran VS UT of J&K

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

RAJESH SEKHRI
Usha Kiran – Appellant
Versus
UT of J&K – Respondent

Advocates:
Counsel for the Parties:
For the Petitioners:Mr. Ashish Singh Kotwal, Advocate
For the Respondents:Mr. Sumeet Bhatia, GA for R-1, Mr. Sandeep Singh, Advocate for R- 2 & 3.

JUDGMENT

Petitioners have invoked inherent jurisdiction of this Court, in terms of Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, “BNSS”), for quashment of FIR No. 0024, under Sections 498-A, 323, 504, & 506 IPC of Police Station, Women Cell, Udhampur, the charge sheet presented in the Court of learned Chief Judicial Magistrate, Udhampur [“the trial Court”] and the consequent cognizance taken by the trial court against the petitioners and proforma respondents vide order dated 12.11.2024.

2. As factual narration of the present case would unfurl, on 05.11.2024 Police Station, women Cell Udhampur received an application dated 04.11.2024 from SSP, Udhampur, filed by respondent No. 2 against her husband-the proforma respondent and the petitioners-parents-in-laws for registration of FIR, stating inter alia that she was married to the proforma respondent on 26.11.2023 as per Hindu Rites and they cohabited after the marriage. It was alleged by the complainant that one and a half month after the marriage, petitioners and proforma respondent asked for divorce on the pretext that she was unable to conceive. It was also alleged that petitioner No.1 demanded dowry in the sh