GHULAM MOHD. NAIK Vs. STATE OF J&K

JUDGEMENT

(1.) The present petition has been filed by the petitioners for quashing the FIR bearing No. 19/2016 dtd. 27/12/2016 registered with Police Station, Women Cell, Udhampur for commission of offence under ection 498-A RPC. During the course of hearing, Mr. Suyash Singh Chandel, learned counsel appearing on behalf of petitioners restricted his arguments on the following two grounds:

(2.) Response stands filed in which it is stated that on 27/12/2016 complainant along with her father namely Bashir Ahmed Atto, reported at Police Station, Women Cell Udhampur, with a written report duly endorsed by SSP, Doda in which it was stated that the respondent No. 3 married with one Mohd. Ishaq i.e. petitioner No. 5, nine years ago. After marriage, the respondent No. 3 gave birth to one female child. Petitioner No. 5 and other family members harassed and tortured the respondent No. 3 and demanded cash as dowry. Father of respondent No. 3 had already paid cash to the petitioner No. 5 but petitioner No. 5 started beating respondent No. 3 with the conspiracy of other family members for the sake of demanding more money as dowry. It was also stated that the parents of the respondent No. 3 were not in a position to give dowry. On this written application, FIR No. 19/2016 was registered for commission of offence under Sec. 498-A RPC with Police Station, Women Cell, Udhampur.

(3.) During the course of investigation, the Investigating Officer recorded the statement of the witnesses under Sec. 161 Cr. P. C and has come to the conclusion that the petitioner No. 5 wanted divorce from the complainant and further it has been stated that the offence under Sec. 498-A RPC stands heard against the petitioners.