1. This petition seeks invoking of inherent jurisdiction of this Court under section 561-A Cr.P.C. to quash a 'complaint' (application) under section 12(1) of the Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 (for short the Act) filed against the petitioners by the respondent as also the order dated 27.01.2014 passed by the trial Magistrate.

2. Heard. I have perused the record.

3. Petitioner No. 1 and the respondent are husband and wife, their marriage was solemnized on 18.09.2012. Petitioners 2 and 3 are the parents of petitioner No. 1 and petitioner No. 4 is his sister. Petitioner No. 5 is the husband of petitioner No. 4.

4. In her application under section 12(1) of the Act filed before learned Special Excise Magistrate, Jammu, respondent has leveled various allegations of violence and harassment against the petitioners. I may state briefly; the respondent has alleged that petitioner Nos. 1 to 3, who constitute a joint Hindu family, were not happy with the items of dowry brought by her so immediately after marriage they started subjecting her to physical and mental torture. They subjected her to physical torture publically during short span of her stay at her matrimonial house. On every occasion, petitioner Nos. 4 and 5 would encourage petitioner Nos. 1 to 3 and thus to add fuel to fire. Respondent has contended that an agreement was executed by petitioner Nos. 2 and 3 in which they had admitted that they will not desert or maltreat her but in spite of that the petitioners had been beating her severely. She has stated further that she lodged a complaint to SHO, Women Cell, Jammu but no action was taken. Respondent has alleged also that petitioner Nos. 2 to 4 did not allow her to share room with her husband whenever he came to his house from Jalandhar, where he is working as a Team Leader in Airtel Company. They also did not allow her to go with her husband to Jalandhar. She has alleged that in April, 2013, petitioners gave her a severe beating and demanded two lac rupees or a car from her parents. In May, 2013, petitioner Nos. 1 to 3, after giving her a beating, threw her out of the matrimonial house at the instance of petitioner Nos. 4 and 5. They again demanded two lac rupees from her, which she could not pay and the petitioners subjected her to starvation. She was left with no option than to file a petition under section 488 Cr.P.C. against petitioner No. 1. She has contended that in the course of pendency of petition under section 488, petitioner No. 1 came to Jammu and with the intervention of some relatives took her to Jalandhar. However, 4-5 days later, petitioner No. 1 subjected her to physical thrashing in the night of 18th January, 2014. At that time other petitioners had been guiding the petitioner No. 1 telephonically from Jammu. She, however, managed to come back to Jammu, narrated the incident to her parents and report was lodged with Women Cell, Police Station, Jammu on 19th January, 2014.

5. Having alleged as above, the respondent in her application before the Magistrate has sought order of protection under section 18 of the Act prohibiting the petitioners from committing any act of violence against her and `consequential relief' under section 19(1)(f) of the Act `by providing suitable accommodation' to her with her husband at Jalandhar.

6. Respondent also filed an application for grant of interim relief seeking a direction that till disposal of the main application, petitioner No. 1 should provide her accommodation with him at Jalandhar or where he presently resides as also a direction to officer incharge of the nearest Police Station to provide her protection against domestic violence and to assist her in implementation of the order to be passed by the Magistrate.

7. Learned Magistrate, on taking cognizance of the applications, seems to have recorded preliminary statement of the respondent and has issued notice to the petitioners. Besides, the learned Magistrate in exercise of power under

Click Here to Read the rest of this document