IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Mazhar Ali Shah, J.
Vijay Krishan Arora & 3 Ors. - Appellant
Versus
Sohan Lal - Respondent
Cr. Miscellaneous Petition No. 30/1986
Decided On : 04 September, 1986
CRIMINAL PROCEDURE CODE - SECTION 561-A - QUASHING OF COMPLAINT - ABUSE OF PROCESS OF COURT - JURISDICTION - TERRITORIAL JURISDICTION - MARRIAGE - CONSENT - CRIMINAL COMPLAINT - CIVIL REMEDY - SECTION 177 OF THE CODE OF CRIMINAL PROCEDURE.
Fact of the Case:
The petitioners challenged a complaint filed against them under Sections 498/366/365/109/506 read with Section 34 of the R.P.C., alleging that they had illegally confined the wife of the respondent and refused to send her back. The petitioners argued that the complaint was an abuse of the process of the court, as the court at Jammu had no jurisdiction to entertain the complaint and that the respondent had a civil remedy available to him.
Finding of the Court:
The court found that the complaint was indeed an abuse of the process of the court, as the court at Jammu had no jurisdiction to entertain the complaint and that the respondent had a civil remedy available to him. The court also found that the petitioners had not committed any prima facie offences alleged in the complaint.
Issues: 1. Whether the complaint was an abuse of the process of the court? 2. Whether the court at Jammu had jurisdiction to entertain the complaint? 3. Whether the respondent had a civil remedy available to him?
Ratio Decidendi: 1. The court held that the complaint was an abuse of the process of the court, as the court at Jammu had no jurisdiction to entertain the complaint and that the respondent had a civil remedy available to him. 2. The court held that the court at Jammu had no jurisdiction to entertain the complaint, as the alleged offences were committed in Pathankot. 3. The court held that the respondent had a civil remedy available to him, as he could file a suit for restitution of conjugal rights.
Final Decision: The court allowed the petition and quashed the proceedings pending before the trial court.
2. The facts in brief for the disposal or the present petition are that respondent Sohan Lal alleging that petitioner No. 4 daughter of petitioner No. 1 on 2-4-1985 according to Hindu rites was married to him at Kathua and R. S. Pura. Pursuant to the marring; his alleged wife came to village Jinder Melu, Tehsil R.S. Pura to his relatives on 3-6-1985 the petitioners along with some un-identified persons came to the house of the relatives of the respondent and took away the wife Madhu Bala with them on the pretext that she will be sent back on the next morning When she did not return upto June 4 1985. he rushed to Pathankot, found that the petitioners/accused persons have illegally, confined the wife of respondent/petitioner No. 4 in the present petition and flatly refused to send back his wife, against her will and gave threats to kill the respondent. He also obtained the warrant under Section 100 Cr. P. C. on 5-6-1985 from the court of Munsif Magistrate 1st Class, R. S. Pura, but to no effect. Thus the present complaint was filed on July 8, 1985 before Chief Judicial Magistrate, Jammu, under the above said Sections. When the learned Magistrate on taking cognizance of the complaint issued warrants against the petitioners, wherein the petitioner Madhu Bala was also included as an accused being an abettor under Section 109 of the R.P.C. Petitioner No. 1 father of Madhu Bala on 12-8-1985 appeared through counsel before learned Magistrate and submitted an application that the complaint is not entertain able. On that very day an application was also filed by the complainant that by mistake he could not sign the complaint, hence permission be granted to him to sign the same, a certificate is also filed along with the complaint showing the performance of marriage of The Arya Samaj Kathua. The learned Magistrate on the statement of the complainant initially vide his order dated July 18, 1985 registered the complaint under sections 498/109 of the R.P.C. and no other Section of the Code.
3. The petitioners being aggrieved against the said complaint have filed the present petition on several grounds alleging therein that the Court at Jammu has no jurisdiction to entertain the complaint, no grounds are made out under the provisions of the Code attracted by the learned Magistrate and that the complaint filed by the respondent was in fact a counter blast against the complaint filed earlier by petitioner No. 4 Madhu Bala against respondent, which she filed under Sections 365/366/342/506 of the I.P.C. in the Court of Judicial Magistrate 1st Class, Kharar, District Ropar against the respondent Sohan Lal and one M. L. Zakhmi on June 13, 1985. In this complaint, it has been clearly alleged that respondent was a teacher at Shastri Model School, Mohali, who was known to the family of the petitioners, who was employed at Thermal Plant, Ropar. On a request of petitioner No. 4 Madhu Bala to respondent to help her in getting some job, he asked her to accompany him on 1-6-1985 whereby administered some liquor material in a semi-conscious condition got a mock marriage arranged in some Mandir and under the threat of her life on 3-6-1985, respondent took Madhu Bala to Pathankot for registration of marriage. It is further alleged that respondent also filed a criminal petition before Honble Supreme Court, which in view of the counter affidavit filed by petitioner No. 1 was dismissed on 12-3-1986. On the above premises, the petitioners pray that the proceedings before Munsiff Magistrate 1st Class, R.S. Pura pending against the petitioners be quashed under t
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