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2019 Supreme(J&K) 487

IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Sanjay Kumar Gupta, J.
Suman Sharma and Ors. – Appellants
Versus
State of J&K and Ors. – Respondents
CRMC No. 121 of 2015 and IA No. 142 of 2015
Decided On : 30-05-2019

Advocates:
Advocate Appeared:
For the Appellant :Anil Khajuria, Advocate
For the Respondent:Ravinder Gupta, AAG and Garima Gupta, Advocate

Headnote:

Code of Criminal Procedure,1973 - Sections 561-A, 173 and 251-A - Ranbir Penal Code, 1989 - Suffering From Some Heart Ailment - Major Heart Surgery - Matrimonial Obligations - Divorce - Petitioners are sisters of one respondent herein who are married at respectively whereas petitioner is husband of petitioner and is residing - Marriage between proforma respondent and (respondent herein) came to be solemnized - But immediately after marriage relationship between couple went into rough weather due to certain reasons and it has also come into knowledge of proforma respondent that his wife was suffering from some Heart ailment for which she had undergone major heart surgery on account of which she was not fit to perform her matrimonial obligations towards her husband and family - It is stated that owing to indifferences between couple proforma respondent preferred a divorce petition against respondent and pursuant to summons issued in proceeding respondent had reportedly appeared before Court – Held, Criminal trials lead to immense sufferings for all concerned - Even ultimate acquittal in trial may also not be able to wipe out deep scars of suffering of ignominy - Unfortunately a large number of these complaints have not only flooded courts but also have led to enormous social unrest affecting peace harmony and happiness of society - It is high time that legislature must take into consideration pragmatic realities and make suitable changes in existing law - It is imperative for legislature to take into consideration informed public opinion and pragmatic realities in consideration and make necessary changes in relevant provisions of law - We direct Registry to send a copy of this judgment to Law Commission and to Union Law Secretary Government of India who may place it before Hon'ble Minister for Law & Justice to take appropriate steps in larger interest of society - Petition Is Allowed.

JUDGMENT :

Sanjay Kumar Gupta, J.

1. Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek quashment of order dated 20th February, 2015 passed by learned Principal Sessions Judge, Kathua in Cr. Revision titled State vs. Munish Sharma and ors, by virtue of which the order passed by the learned trial court on 22nd March, 2014 discharging the petitioner(s), has been set aside. It is further prayed for quashing of proceedings qua the petitioners in File No. 84/Challan pending before the Court of learned Judicial Magistrate 1st Class (Munsiff) Kathua.

2. The case of the petitioners is that petitioners 1 and 2 are sisters of one Shakti Khajuria (Proforma respondent No. 3 herein), who are married at Pathankot and Samba respectively, whereas petitioner No. 3 is the husband of petitioner No. 1 and is residing at Pathankot. The marriage between proforma respondent No. 3 and Eshata Sharma alias Ruchi alias Ruhi (respondent No. 2 herein) came to be solemnized on 4th January, 2013 at Kathua. But, immediately after marriage the relationship between the couple went into rough weather due to certain reasons and it has also come into the knowledge of the proforma respondent No. 3 that his wife (respondent No. 2) was suffering from some Heart ailment for which she had undergone major heart surgery, on account of which she was not fit to perform her matrimonial obligations towards her husband and the family. It is stated that owing to the indifferences between the couple, the proforma respondent No. 3 preferred a divorce petition against the respondent No. 2 on 29th March, 2013 and pursuant to the summons issued in the proceeding, respondent No. 2 had reportedly appeared before the Court on 27th April, 2013. It is further stated that the petitioners were staying separately at different places and absolutely there was no occasion for them to have ever intervened in the matter as the petitioner Nos. 1 and 2 are discharging their matrimonial duties at their respective matrimonial homes and the petitioner No. 3 had no occasion to have ever participated or have ever interfered in anything. On 4th June, 2013, an application was filed by respondent No. 2 before the Chief Judicial Magistrate, Kathua against the petitioners, which was forwarded in original to SHO Police Station, Kathua for investigation under law.

3. The grievance of the petitioners is that the aforesaid application filed by respondent No. 2 was totally false, frivolous and actuated by mala fide on the part of respondent No. 2 with ulterior motive to wreck vengeance against the petitioners for no other reason than the one that they are the relatives of the proforma respondents. After registration of the FIR (Supra), the investigation commenced and ultimately the investigating agency submitted the final report under Section 173 Cr.P.C which was transferred to the Court of learned Judicial Magistrate 1st Class (Munsiff), Kathua. The matter was taken up for arguments on charge by the learned trial court and by virtue of order dated 22nd March, 2014, trial court discharged the petitioners for the commission of offences alleged against them. The order dated 22.03.2014, passed by Judicial Magistrate 1st Class (Munsiff), Kathua came to be challenged by the State in Revision before the Court of learned Principal Sessions Judge, Kathua. The Revisional Court after hearing the parties, by virtue of order dated 20th February, 2015, set aside the order passed by learned trial court and directed for framing of charge against the petitioners with the further direction to the trial court for concluding the trial within six months from the date of framing of charge.

4. The petitioners are aggrieved of the order dated 20th February, 2015 passed by the learned Principal Sessions Judge, Kathua as well as the initiation and pendency of criminal proceedings against them, as such, they seek quashment of the order impugned dated 20.0

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