The court's decision emphasized that the power to quash an FIR under Section 561-A of the Code of Criminal Procedure should be exercised sparingly and with caution, and only when justified by the specific test laid down in the provision itself.

1. Petitioner has filed the instant petition under Section 561-A of the Code of Criminal Procedure seeking quashment of FIR No. 35/2014 registered at Police Station, Women Cell, Jammu for commission of offence under Section 498-A RPC.

2. The brief facts of the case are that respondent No.2 is the legally wedded wife of the petitioner and their marriage was solemnized at Village Ambaran, Tehsil Akhnoor, District Jammu on 16.01.2013 according to Hindu Rites and Rituals. After the solemnization of marriage, petitioner and respondent No.2 started living as husband and wife in village, Jandial, Tehsil and District Jammu. It is stated that petitioner kept respondent No. 2 with love and affection and provide her all amenities and necessities of life. It is further stated that at the time of solemnization of marriage, the petitioner had provided all valuable things including golden ornaments to respondent No.2, which were required to be given according to the Hindu Rites and Rituals. It is stated that respondent No.2 is a head strong lady and her behaviour was very rude towards him and his family members from the very beginning and she was always using abusing language. It is further stated that the petitioner has tried his level best to persuade respondent No.2 to change her uncalled behaviour and attitude towards him and his family members but after trying several times, she had not taken any care of the attempts made by him regarding changing of her behaviour and attitude. It is stated that on one pretext or the other, she was abusing and insulting the petitioner in front of his neighbours, relatives and friends but it is a matter of great regret that on 05.11.2013, father of respondent No.2 came to the house of the petitioner and went to her parental house to meet her relatives with assurance that she will come back to her matrimonial house after spending 15 days but respondent No.2 instead of coming back at her matrimonial house, started residing at her parental house without any reason and justifiable cause. In this regard, the petitioner approached several times to respondent No.2 and her parents for sending her back to her matrimonial house but neither respondent No.2 had accepted his request nor her parents had taken any care of the request of petitioner and after approaching several times, the parents of respondent No.2 have straightway refuse to send back respondent No.2 at her matrimonial house. It is further stated that from the date from which respondent No.2 had left her matrimonial house, had filed a false and frivolous petition under Section 488 Cr.P.C seeking maintenance from the petitioner. The said petition had been filed by the respondent No.2 on 13.05.2014 on several false and frivolous grounds before the court of learned Additional District Judge (Matrimonial Cases), Jammu. It is further stated that after filing of the petition by respondent No.2, notice was also issued to the petitioner for causing his appearance before the learned Matrimonial Court and in compliance to the said notice had caused his appearance. It is stated that after filing of the said petition by respondent No.2 seeking maintenance in her favour under section 488 Cr.P.C, the petitioner had also filed petition under Section 9 of the Hindu Marriage Act for restitution of conjugal rights. When the factum regarding filing of the aforesaid petition by the petitioner came into the knowledge of respondent No.2, she became hostile and feeling aggrieved of the same, she filed an application before the Court of learned Chief Judicial Magistrate, Jammu seeking direction to the SHO, Police Station, Women Cell, Jammu for registration of FIR against the petitioner under Section 498-A RPC on the same grounds which she had already taken in her petition which she had filed before the matrimonial court, which is still pending for final disposal. It is further submitted that on the direction of the learned Chief Judicial Magistrate, Jammu an FIR No. 3