BABLU DEVI Vs. STATE OF J & K

JUDGEMENT

(1.) This is a petition filed by the petitioners under Section 561-A CrPC for quashing FIR No. 342/2011 under Section 381 RPC registered at Police Station, Domana, Jammu against the petitioners.

(2.) Briefly stated, the facts projected by the petitioners in this petition are that the petitioner No. 1 was an employee in a beauty parlour situated at Bohri, Talab Tillo, Jammu which was being run by respondent No. 3. The petitioner No. 2 is a driver by profession and the husband of petitioner No. 1. It is alleged that owing to some dispute with regard to the salary between the petitioners and respondent No. 3, respondent No. 3 in connivance with his wife and daughter subjected the petitioner No. 1 to merciless beating and kicked her from the Beauty parlour. The petitioner No. 1 has lodged FIR No. 60/2011 against respondent No. 3 and his wife for commission of offences under Section in CRMC No. 255/2011 382, 342 and 34 RPC, which is subject matter of challenge in 561-A CrPC No. 255/2011. This Court has passed an interim order directing the Police not to file charge-sheet in the FIR till next date of hearing.

(3.) By way of counter blast, respondent No. 3 also filed a complaint before the Court of Chief Judicial Magistrate, Jammu making allegations of theft against the petitioners. The complaint came to be transferred from the Court of CJM, Jammu to 1st Additional Munsiff, Jammu which forwarded it to the Police under Section 156(3) CrPC. Consequently, the Police registered FIR No. 342/2011 which is impugned in this petition. The FIR registered at the instance of respondent No. 3 is assailed by the petitioner in this petition on several grounds.