HARBANS KOUR Vs. SURJEET SINGH

JUDGEMENT

(1.) Petitioners herein have sought quashment of proceedings drawn in a complaint pending before Sub-Judge (Judicial Magistrate) 1st Class, Jammu under sections 452 & 323 RPC, titled as Surjeet Singh & another vs Inderjeet Singh & others, on the grounds taken in the petition.

(2.) It appears that a complaint came to be filed before the Chief Judicial Magistrate, Jammu, was transferred to Sub Judge (Judicial Magistrate) 1st Class, Jammu. Preliminary statements of complainants as well as witnesses were recorded and cognizance and process was drawn vide order dated 12.10.2010 for the commission of offences under section 452 and 323 RPC and is pending on the dockets of said court. After lapse of more than 1= years, petitioners herein have sought quashment of complaint and the proceedings drawn on the ground that the grievance projected in the complaint is of civil nature.

(3.) It is apt to reproduce Section 561-A Cr.P.C herein:-