FEROZ RAM Vs. STATE

JUDGEMENT

(1.) These two petitions under Section 561-A Code of Criminal Procedure registered as 561-A 90/2009 and 561-A 80/2009 assail case FIR No. 47/2009, P/S Bhadarwah under Section 498 -A/109 RPC and deserves to be taken up together.

(2.) The Petitioners through medium of instant petition under Section 561-A Code of Criminal Procedure seek quashment of FIR No. 47/09 under Section 498/109 RPC in exercise of inherent powers vested in the court.

(3.) Briefly stated, Petitioners' case is that the allegations set out in the First Information Report are false, and even when taken on their face value do not amount to commission of offence under Section 498-A RPC. It is averred that Respondent No. 2 has deserted Petitioner No. 3 since March 2007 and is permanently residing in Jammu in connection with her duties. Respondent No. 2, it is pleaded, is a constable in J&K Armed Police, 12th Battalion stationed at Jammu and has persuaded her colleagues in the Police Department posted at P/S Bhadarwah to register a false and frivolous case against the Petitioners. It is pointed out that the parties are engaged in multiple litigation arising out of their matrimonial relations since 2007 and neither there was any occasion for Respondent No. 2 to come to her marital home nor any reason for the Petitioners to throw her out and demand dowry six years after the marriage was solemnized. Case FIR No. 47/09 and investigation emanating there-from according to Petitioners amounts to abuse of process of the law and miscarriage of justice and is intended to harass the Petitioners and force a compromise on them.