The court's decision emphasized the importance of trial court's satisfaction based on the complaint and preliminary statements before taking cognizance of the offence.

JUDGMENT :

1. The petitioners have invoked the inherent jurisdiction of this Court under section 561-A Cr.P.C. for quashing the complaint filed by respondent No. 1 under section 500 RPC pending before the Ld. 1st Class Magistrate, Thathri, whereby after taking cognizance of the offence process has been issued against them.

2. The case of petitioner No. 1 is that his parents i.e., petitioner Nos. 2 and 3 were looking for a suitable match for the marriage of their son and on the suggestion of some close relatives visited the house of the respondent to consider the matrimonial alliance between petitioner No. 1 and the respondent. The families could not reach any consensus between them, therefore, petitioner Nos. 2 & 3 returned back to their home and started considering other proposals for the marriage of their son.

3. The respondent filed a complaint under section 500 RPC before the Ld. Judicial Magistrate 1st Class, Thathri District Doda, against the petitioners alleging that the petitioner No. 1 was engaged with respondent No. 1 in the year 2015 and the marriage between the parties was fixed to be solemnized on 19.07.2016. The arrangement for marriage were almost complete when the petitioners came to respondent's house and refused to solemnize the marriage with the respondent and in front of the villagers openly leveled allegations that the respondent is a characterless lady.

4. The allegation made in the complaint is that petitioner Nos. 2 and 3 came to the house of the complainant and openly leveled allegations before the villagers that complainant is a characterless lady and they do not want to continue this engagement. They have defamed the complainant before the whole village by stating that she is characterless and having affair with someone else.

5. After the presentation of the complaint, the learned Judicial Magistrate, Thathri recorded the preliminary statement of the complainant and the other witnesses produced by her. On the basis of the averments made in the complaint along with the preliminary statement and the learned Magistrate took cognizance of the offence and issued process against the petitioners along with other accused on 26.05.2016.

6. The petitioners have challenged the complaint as well as the cognizance taken and issuance of process against them on the ground that; (i) the same is misconceived and based on distorted facts; (ii) the bare perusal of the complaint impugned reveals that the respondent has nowhere mentioned the date and time of the occurrence of offence and, as such, the same is unsustainable in the eyes of law; (iii) the allegations leveled against petitioner No. 1 are false as he has never visited the house of the respondent and was out for training; and (iv) the allegation regarding engagement between petitioner No. 1 and the respondent is also false as they have never met each other in person and, therefore, no question of engagement arises. The respondent has filed the complaint on a false and concocted story only to pressurize petitioner No. 1 to marry her.

7. The respondent, however, submits that the complaint is only at the initial stage and criminal prosecution, cannot be scuttled or put aside at the initial stage by exercising jurisdiction under section 561-A of J&K Cr.P.C.

8. Heard learned counsel for both the parties.

9. It is well settled that this Court has inherent powers to quash an F.I.R. or a complaint under well settled principles as laid down in "State of Haryana v. Ch. Bhajan Lal & Ors." 1992 AIR SC 604 in which it has been held as under:-

"It is well settled that Court can exercise inherent powers to prevent the abuse of process of Court and only if the allegations made out in the complaint do not constitute the offence, it is open for the Court to take cognizance of the same, however, there is no requirement of meticulous analysis of the complaint before the trial to find out whether the complaint will make out".

10. Though this Court, while invoking powers under section 561-A o