HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CRMC No. 480/2016

IA No. 01/2016

Pronounced on: 10.05.2022

Om Raj and others

…. Petitioner/Appellant(s)

Through:-

Mr. Achal Sharma, Advocate.

V/s

Kajal Devi

…..Respondent(s)

Through:-

Mr. Rajnesh S. Parihar, Advocate.

CORAM : HON’BLE MRS. JUSTICE SINDHU SHARMA, JUDGE

JUDGMENT

01.

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. 1^st Class Magistrate,

Thathri, whereby after taking cognizance of the offence process has been

issued against them.

02.

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.

03.

The respondent filed a complaint under Section 500 RPC before

the Ld. Judicial Magistrate 1^st Class, Thathri District Doda, against the

petitioners alleging that the petitioner No. 1 was engaged with respondent

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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.

04.

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.

05.

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.

06.

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

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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.

07.

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 561A of J&K Cr. PC.

08.

Heard learned counsel for both the parties.

09.

It is well settled that this Court has inherent powers to quash an

FIR or a complaint under well settled principles as laid down in <Sta