ABDUL HAQ ZARGAR Vs. SHAFIA AKHTER

JUDGEMENT

(1.) The petitioner has challenged the complaint filed by the respondent against him before the Court of learned Chief Judicial Magistrate, Doda (hereinafter referred to as the "Magistrate"), as also the order dtd. 10/5/2016 passed by the learned Magistrate in the aforesaid complaint.

(2.) Facts emerging from the record reveal that the respondent has filed a criminal complaint before the learned Magistrate. In the said complaint, it has been alleged that in the year, 2003, she had entered into a wedlock with the son of the petitioner, namely, Nadeem Ul Haq, who died in the year, 2008. Out of the said wedlock, one son was born. It is alleged in the complaint that after the death of the husband of the respondent, the petitioner started harassing the complainant/respondent and even deprived her of the relief granted by the police department. It is further alleged in the complaint that the petitioner would always harass her and would always try to defame her, as a consequence whereof, she was compelled to marry a second time, which did not go well with the petitioner. Ultimately, on 4/5/2016 at about 11.30 AM, when the complainant was coming back from the Police Lines, Doda, the petitioner abused her and tried to grapple with her. The complainant goes on to allege that with great difficulty, she was able to save herself from the clutches of the petitioner, who threatened to finish her off and to molest her.

(3.) The learned Magistrate after recording the preliminary statement of the complainant/respondent and her witness, recorded his satisfaction that primafacie offence under Ss. 341 and 504 RPC are made out against the petitioner and, accordingly, process was issued against him in terms of order dt. 10/5/2016.