TRILOKI NATH THUSOO Vs. ARTI THUSOO

JUDGEMENT

(1.) The present petition has been filed by the petitioners under section 561-A Cr.P.C (now 482 Cr.P.C.) for quashing of proceedings arising out of criminal complaint, titled, Arti Thusoo Vs Sanjay Thusoo and others under sections 498-A and 406 RPC pending before the court of Forest Magistrate, JMIC, Jammu (hereinafter to be referred as the trial court) and order dated 06.04.2016, by virtue of which the learned trial court has issued process against the petitioners.

(2.) It is stated in the petition that the petitioners are the senior citizens and have been wrongly arrayed as accused in the aforesaid complaint. It is stated that they are not in contact with their son, Sanjay Thusoo for the past more than fourteen years and are unaware of his whereabouts. Son of the petitioners had a job in Delhi and it was in 2002, that he came to the petitioners with a proposal of going abroad to take up a job in Australia but the petitioners did not agree as they did not want that their son to go out of the country. Due to this, there was exchange of words between the petitioners and their son and as a result which, he left the home in extreme anger and since then, the petitioners have lost contact with him. However, they have information that he is somewhere in Australia. It is also stated that that the respondent (wife of the son of the petitioners) in the aforesaid complaint, besides arraying her husband i.e. the son of the petitioners as accused, has also arrayed the petitioners as accused.

(3.) The learned trial court after recording the statement of the respondent as well as the witnesses, deemed it appropriate to order enquiry under section 202 Cr.P.C. and pursuant to that the SHO, Police Station, Bakshi Nagar submitted his report dated 05.04.2016, in which it was stated that the offences under sections 498-A and 323 RPC were proved.