RAMESH SHARMA Vs. STATE OF J & K

JUDGEMENT

(1.) The present petition has been filed by the petitioners under sec. 561-A Cr.P.C (now 482 Cr.P.C) for quashing the FIR bearing No. 76/2015 dtd. 16/5/2015 registered with Police Station, Gangyal, Jammu for commission of offences under Sec. 452, 323, 504, 506 and 34 RPC.

(2.) It is stated in the petition that the marriage of the sister of petitioner Nos. 1 to 3 and daughter of the petitioner No. 4 namely Ashish Sharma was solemnized with Deepak Sharma who is the son of the respondent No. 3. It is further stated that because of the marital discord between Deepak Sharma and Ashish Sharma i.e. sister of the petitioner Nos. 1 to 3 and daughter of the petitioner No. 4, Ashish Sharma had filed criminal complaint under sec. 498-A and 109 RPC before the court of learned Chief Judicial Magistrate, Jammu and thereafter, the same was transferred to the court of 2nd Additional Munsiff, Jammu. The learned 2nd Additional Munsiff, Jammu vide order dtd. 5/5/2015 forwarded the said complaint to the Incharge, Women Cell, Canal Road Jammu for registration of FIR against Deepak Sharma and his family members including the respondent No. 3. It is further stated that on 9/5/2015, an FIR bearing No. 22/2015 was registered against Deepak Sharma and his family members including the respondent No. 3 for commission of offences under Sec. 498-A and 109 RPC. It is further averred that the son of the respondent No. 3 namely Deepak Sharma had already filed a petition under sec. 13 Hindu Marriage Act against Ashish Sharma that is subjudice before the court of learned Additional District Judge (Matrimonial Cases), Jammu and further in order to wreck vengeance, the respondent No. 3 has lodged false and frivolous FIR on 16/5/2015 in which dated of occurrence has been shown as 14/5/2015.

(3.) The FIR has been impugned primarily on the ground that the same was registered as counter blast to the FIR that was lodged by the sister of the petitioner Nos. 1 to 3 and daughter of the petitioner No. 4 and that ingredients of offences under Sec. 452, 323, 504, 506 and 34 RPC are absolutely missing in the FIR.