The court emphasized the scope of powers under Section 482 of Cr.P.C to prevent the abuse of process of the Court and secure the ends of justice.

JUDGMENT :

1. Petitioners, through the medium of this petition, have invoked the inherent jurisdiction of this Court in terms of Section 482 Cr. P.C seeking quashment of FIR 26/2020 dated 26.11.2020 registered at Police Station, Women Cell, Udhampur under Sections 498-A/323 IPC, on the instance of respondent No.3, qua the petitioners and all consequential proceedings thereof being abuse of process of law and to defeat the order dated 17.11.2020 passed by this Court in WP(C) 1836/2020 titled “Noor Bibi & Ors. vs. UT of J & K & Ors.”

2. The impugned FIR is being challenged by the petitioners on the following grounds :

(1) That the impugned FIR is against the facts and law therefore, the impugned FIR required to be quashed.

(2) That the impugned FIR none other than the to defeat the order dated 17.11.2020 Passed by this Hon'ble court in WP(C) No. 1836/2020 Titled "Noor Bibi & Ors. Vs UT & Ors." Whereby directed not to harass the Petitioners and when Petitioners Individually have served this order to Respondent no. 2 then she should respect the order of this Hon'ble court have lodge the impugned FIR with Malafide intentions because the Impugned FIR had not contain any whisper of proceedings going on before the Respondent no.2 since month ago therefore, the impugned FIR is not Sustainable in the eyes of law and requires to be Quashed.

(3) That the impugned FIR has lodged by the respondent no. 2 totally in contravention of judgment and guidelines laid down by Hon'ble Supreme Court in case titled "Rajesh Sharma V/s State of U.P. reported in (2017) AIR (SC) 3869." It was held in Para 14:- "Section 498A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the Statement of Objects and Reasons of the Act 46 of 1983. The expression "cruelty" in Section 498A covers conduct which may drive the women to commit suicide or cause grave injury (mental or physical) or danger to life or harassment with a view to coerce her to meet unlawful demand." It is a matter of serious concern that large numbers of cases continue to be filed under Section 498A alleging harassment of married women. We have already referred to some of the statistics from the Crime Records Bureau. This Court had earlier noticed the fact that most of such complaints are filed in the heat of the moment over trivial issues. Many of such complaints are not bonafide. At the time of filing of the complaint, implications and consequences are not visualized. At times such complaints lead to uncalled for harassment not only to the accused but also to the complainant. Uncalled for arrest may ruin the chances of settlement. This Court had earlier observed that a serious review of the provision was warranted. The matter also appears to have been considered by the Law Commission, the Malimath Committee, the Committee on Petitions in the Rajya Sabha, the Home Ministry, which have been referred to in the earlier part of the Judgment. The abuse of the provision was also noted in the judgments of this Court referred to earlier. Some High Courts have issued directions to check such abuse. In Arnesh Kumar (supra) this Court gave directions to safeguard uncalled for arrests. Recommendation has also been made by the Law Commission to make the offence compoundable”

Further in Para 19 laid down following guidelines: - Thus, after careful consideration of the whole issue, we consider it fit to give following directions:-

(i) (a) In every district one or more Family Welfare Committees be constituted by the District Legal Services Authorities preferably comprising of three members. The constitution and working of such committees may be reviewed from time to time and at least once in a year by the District and Sessions Judge of the district who is also the Chairman of the District Legal Services Authority.

(b) The Committees may be cons