ALI MOHAMMAD RESHI Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has challenged FIR No. 08/2019 for offence under Sec. 498A RPC registered with Police Station, Pantha Chowk.

(2.) It appears that respondent No. 4/complainant had filed a complaint before the Court of Additional Special Mobile Magistrate, Pantha Chowk, alleging therein that she has solemnized marriage with the petitioner as per Muslim rites and customs and it was her second marriage as she had been divorced prior to solemnization of the marriage with petitioner. It was alleged in the complaint that soon after the marriage, the petitioner went to Rajasthan and after coming back from there to the rented premises at Zewan, where respondent No. 4 was residing, the petitioner tortured her which left her in deep shock. It was further alleged that the petitioner kept on torturing the said respondent for not bringing double door fridge, aqua guard purifier, Scorpio vehicle, a house and cash of Rs.80,000.00for his hair plantation. It was also alleged that the petitioner dragged respondent No. 4/complainant by her hair so as to coerce her to meet his unreasonable demands of dowry and he would even spit on the face of the complainant because she was not prepared to accede to the unjust and unreasonable demands of the petitioner.

(3.) It appears that the aforesaid complaint was forwarded by the learned Magistrate to SHO, P/S, Pantha Chowk, with a direction to investigate and submit the report. On the basis of this direction, the impugned FIR came to be registered.