HIGH COURT OF JAMMU, KASHMIRAND LADAKH

ATJAMMU

Reserved on : 06 07.2022

Pronounced on: 01.09.2022

___________________________________________________________

CRMC No. 43/2018

(IA 1/2018) CrlM 1281/2019)

1. S.Rawail Singh and others vs. Gurinder Jeet Kour

Mr. Pranav Kohli, Sr. Advocate with Mr. Anil Sethi, Advocate

Farhan Mirza, Advocate

____________________________ ______________________________

2. CRMC No. 51/2018 (IA No. 1/2018)

S.Rawail Singh and others vs. State of J&K and anr.

Mr. Pranav Kohli, Sr. Advocate with Mr. Amit Gupta

Farhan Mirza, Advocate Mr. Anil Sethi, Advocate

__________________________________________________________

3. CRMC No. 36/2018 (IA 01/2018)

Gurinder Jeet Kour vs. State of J&K & anr.

Mr. Anil Sethi, Advocate Mr. Amit Gupta, AAG

Coram:

HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

JUDGMENT

As the issue involved in all the afore-captioned petitions is

identical in nature, therefore, all have been clubbed, heard together and are

being decided by a common order.

CRMC No. 43/2018

1. Petitioners in the instant petition seek quashment of the complaint

titled Gurinder Jeet Kaur Versus S. Baldev Singh and Ors. filed under Section

12(1) of the J&K Protection of Women from Domestic Violence, Act (for

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CRMC 43/2019 a/w clubbed matters

brevity ‘impugned complaint’) which is pending before the Court of Learned

JMIC, Sub-Judge, Jammu ( for brevity ‘trial Court’), wherein process has been

issued by the trial Court against the petitioners herein.

2.

The aforesaid complaint has been filed by the respondent-

complainant- Gurinder Jeet Kaur on 20.12.2017, wherein she complained about

being subjected to domestic violence by the accused-petitioners herein.

3.

In brief, the acts of domestic violence are that she and the petitioner

No. 4-Baldev Singh were married on 19.01.2007 as per the Sikh rites (Anand

Karaj) and rituals at Gurudwara Shri Guru Singh Sabha, Greater Kailash

Kunjwani, Jammu and out of the said wedlock one child, namely, Gurshish

Singh has born. She alleges in the complaint that at the time of solemnizing of

the marriage sufficient dowry in the shape of articles, i.e., Refrigerator, washing

Machine, Air-conditioner, TV and Gold ornaments were given to the petitioners

and in addition to the said articles, cash amount of Rupees one lac was also

given to them. She alleges that after solemnizing of marriage she was residing in

H.No.98 Sector No. 9, Nanak Nagar, Jammu with the petitioners and their

attitude from the very beginning was cruel and unbecoming towards her. They

used to taunt her for bringing fewer dowries and were pressurizing her to fulfill

other demands of dowry. The petitioners started torturing and harassing her on

one pretax or another and also not being provided proper food and cloths and

other basic amenities. Even after the birth of the child, their attitude did not

change, but turned bad to worst. Her husband-Baldev Singh who is working in

Germany, used to come to Jammu after 4-6 months and when she asked him to

accompany her, he used to abuse and beat her, she was thus, maltreated by the

accused-Baldev Singh. In the complaint it was further alleged that complainant

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was thrown out of her house on 02.09.2010 and was threatened not to come

back unless she brings Rs. 02 lacs for them. She on hearing that