IMPORTANT POINT
A complaint must contain specific allegations that meet the legal criteria for the offences charged; otherwise, it may be quashed as an abuse of process of law.

JUDGMENT :

JAVED IQBAL WANI, J.

1. Inherent jurisdiction of this Court under Section 561-A Cr.P.C. (482 Cr.P.C.) is being invoked by the petitioners through the medium of the instant petition, seeking quashment of complaint titled as "Karnail Singh Vs. Santokh Singh" (for short 'complaint') pending before the Court of learned Munsiff, Akhnoor (for brevity 'trial Court') as also for quashment of order of cognizance dated 12.05.2014 (for short 'impugned order').

2. It is stated in the petition that on 08.10.2009, petitioner Nos. 1 and 2 solemnised marriage of their daughter, namely, Pooja Jamwal with one Suresh Singh Manhas being son of respondent herein, and that immediately after the marriage, the said daughter of the petitioners came to be tortured by her in-laws besides making demands of dowry and was turned out from the matrimonial home on 21.05.2010, where after, the said daughter started living with petitioners at her parental home.

3. It is being stated that an FIR was registered by the daughter of the petitioners against her in-laws including the respondent herein under Section 498-A RPC, challan whereof came to be presented and is pending disposal.

4. It is being further stated that a complaint under Protection of Women from Domestic Violence Act, 2005, also came to be filed by the daughter of petitioners against her in-laws including respondent herein.

5. It is being further stated that the respondent herein in order to pressurize the petitioners and their daughter to enter into a compromise in respect of the cases filed against them by the daughter of petitioners a false and frivolous complaint came to be instituted against the petitioners by the respondent.

6. It is being further stated that the said complaint after being entertained by the trial Court, cognizance under Section 323 and 341 RPC, thereof came to be taken and process issued in terms of the impugned order dated 12.05.2014 by the trial Court.

7. In the grounds of challenge, the petitioners urges that complaint filed by the respondent against the petitioners is abuse of process of law maintained with an intent to cause harassment to the petitioners and that the trial Court entertained the complaint, took cognizance thereof and issued a process in a mechanical manner, and that the date of incident referred to in the complaint is 09.05.2014, within premises of Court of Munsiff, Akhnoor on which date no case of Section 498-A of the petitioners' daughter against the respondent was fixed and that the trial Court while passing the impugned order, failed to record its satisfaction that there is sufficient material to proceed against the accused person and that a bare perusal of the complaint did not reflect ingredients of the offences of Sections 323 and 341 RPC and that the complainant-respondent did not mention facts about the pendency of the Court cases against him and his other family members and that the complaint is false and baseless and that petitioner No. 1 has been implicated in the complaint as an accused who is undergoing Pre-Sea Course for G.P. Ratings from 01.01.2014 to 30.01.2014 and that complaint has been filed by the respondent against the petitioners to wreak vengeance on the petitioners on account of personal grudge.

8. Heard learned counsel for the parties and perused the record.

9. Learned counsel for the petitioners while making submissions reiterated the contentions raised and grounds urged in the petition.

10. Per contra, counsel for the respondent resisted and controverted the contentions raised and grounds urged by the counsel for the petitioner.

11. Before adverting to the controversy involved in the petition, it would be appropriate and advantageous to refer to Section 321, 323, 339 and 341 RPC, here under:-

321. Voluntarily causing hurt.- Whoever does any act with the intention of thereby causing hurt to any person, or with the knowledge that he is likely thereby to cause hurt to any person, and does thereby cause hurt to any person, is said "vo