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2023 Supreme(J&K) 88

VINOD CHATERJI KOUL
Ab. Qayoom – Appellant
Versus
State of J&K – Respondent


Advocates Appeared:
For the Petitioner: Basit M. Keng.
For the Respondents: Pawan Dev Singh, O.P. Thakur, R.K.S. Thakur.

JUDGMENT :

1. Inherent jurisdiction under section 561-A Cr.P.C. (now 482 Cr.P.C. is being invoked by the petitioner seeking quashment of FIR bearing No. 18/2014, dated 02.04.2014 registered with Police Station, Woman Cell, Canal Road, Jammu for commission of offences punishable under sections 498-A RPC (for brevity 'impugned FIR').

2. The factual matrix of the matter, as reflected from the complaint, which came to be filed by the respondent No. 3 herein is that the marriage of the complainant- respondent No. 3 herein was solemnized with the petitioner-Abdul Qayoom on 08.11.2006. It is alleged in the complaint that after marriage petitioner started misbehaving with the complainant and his attitude became cruel and hostile towards the complainant and her parents. It is alleged that after marriage she came to know that petitioner is a divorcee from his first marriage which had taken place in the year 1990 and out of the said marriage he has three children. It is alleged that with the financial assistance from the parents of the complainant-respondent No. 3 herein, the petitioner has constructed a house at Narwal, Jammu and after the construction work of the house was over, the petition

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