UMESH SHARMA Vs. REKHA WANGNOO

JUDGEMENT

(1.) The petitioners have invoked inherent powers of this Court vested by Section 561-A of the Code of Criminal Procedure for seeking quashment of the criminal complaint entitled "Rekha Wangnoo vs. Umesh Sharma and others" as also orders dated 14th of December, 2015, and 20th of April, 2017, passed by Chief Judicial Magistrate, Budgam ("the Trial Magistrate" for short).

(2.) Briefly put, the facts leading to the filing of this petition are that the respondent herein, who shall be hereinafter referred to as the complainant, filed a complaint before the Trial Magistrate against the petitioners for commission offences under Section 193, 199, 209, 463, 464, 466, 469 and 120-B of Ranbir Penal Code for some alleged forgery committed with the Court. As per the complaint, the petitioners are related to each other. The daughter of petitioner No.3, namely, Preeti Sharma, is married to one Rajesh Qazi, brother of the complainant. Owing to strained relations and matrimonial dispute between the two, there is litigation pending in different courts at Ghaziabad, Jammu and Srinagar.

(3.) It is alleged that in the dispute between husband and wife, the petitioners along with the couple have also involved the complainant in ruinous litigation. It is further claimed that the complainant too has filed an FIR in Police Station Women Cell, Srinagar, as well as a criminal complaint before the Court Chief Judicial Magistrate, Srinagar. The Chief Judicial Magistrate, Srinagar, took cognizance of the offences under Section 323, 341, 354, 392 and 506 RPC, which order of cognizance was challenged by the petitioners in a 561-A Cr. P. C petition bearing No. 143/2011 filed before this Court. It is pleaded that the aforesaid quashment petition was dismissed by this Court.