VISHAL SALGOTRA Vs. ADDITIONAL PUBLIC PROSECUTOR, JAMMU

JUDGEMENT

(1.) Inherent jurisdiction under Sec. 482 Cr.P.C is being invoked by the petitioners for quashment of order dtd. 15/7/2021 (for brevity 'impugned order') passed by the Court of Special Electricity Magistrate, Jammu) ( for brevity 'learned Magistrate') in criminal challan titled State vs. Vishal Salgotra and others, whereby the petitioners' have been charged for commission of offences under Ss. 498-A/109 RPC and also for quashsment of aforesaid challan No. 07/2019 in FIR No. 11/2019 dtd. 3/4/2019 registered with Police Station Women Cell, Gandhi Nagar, Jammu.

(2.) The background facts, those stem out from the petition, according to the petitioners, are that petitioner No. 1 is the younger brother of petitioners 2 and 3. Petitioner Nos. 2 and 3 are married since 1994 and are happily living in their respective matrimonial home and both are Government employees and working in Health Department. It is stated that at the instance of respondent No.2, wife of petitioner No. 1 an FIR came to be registered on the basis of false facts and grounds in Police Station, Gandhi Nagar, Jammu against the petitioners for offences punishable under Ss. 498-A/109 RPC and in turn a challan was presented in the Trial Court.

(3.) The impugned order is being challenged inter- alia on the following grounds:-