SUBASH CHANDER LEEKHA Vs. STATE OF J&K

JUDGEMENT

(1.) Through the medium of this petition, the petitioners are seeking quashing of the charge-sheet bearing No. 51/2017 dtd. 26/5/2017 arising out of FIR No. 30/2017 dtd. 25/2/2017 registered with Police Station, Gandhi Nagar, Jammu at the instance of respondent No. 2 for commission of offences under Sec. 498-A, 342,504,506 RPC.

(2.) The petitioner Nos. 1 and 2, are the parents-in-law of the respondent No. 2, whereas the petitioner Nos. 3 and 4 are the sons of the husband of the respondent No. 2 from his first marriage. It is stated that Shashi Leekha, who happens to be the son of petitioner Nos. 1 and 2 and father of the petitioner Nos. 3 and 4 came into contact with the respondent No. 2 through a matrimonial site and they solemnized their marriage at Arya Samaj Mandir, Jammu but the petitioners did not participate in the said marriage. After solemnization of the marriage, Shashi Leekha and the respondent No. 2 started residing at 14-A Extension Karan Nagar, Jammu with the petitioners. The respondent No. 2 stayed with the petitioners at her matrimonial house for a period of five months only and after marriage the respondent No. 2 started showing lack of concern towards her husband and other family members. She left the company of her husband without any reasonable cause. The petitioner Nos. 1 and 2 and other family members approached the respondent No. 2 and her mother for sending her back to the matrimonial home, but the respondent No. 2 as well as her mother flatly refused. The respondent No. 2, however, agreed to join her husband only on the condition that he would reside with the respondent No. 2 at her parental house at Gandhi Nagar, Jammu and would leave his old parents and children from the first marriage. The son of the petitioner No. 1 and 2 and father of petitioner Nos. 3 and 4 agreed with the conditions and he accordingly started residing with the respondent No. 2 at her parental house at Gandhi Nagar, Jammu with effect from November 2015. It is stated that on 26/12/2016 at about 7 P.M. the respondent No. 2 started beating her husband with fists and blows and hit his left eye with some blunt weapon, due to which his left eye got injured and he underwent a major surgery at Dr. Om Parkash Eye Institute at Pathankot, Punjab. After beating her husband, she locked him in a room for whole night without any food and water and the next morning, he somehow managed to inform his father i.e. the petitioner No. 1 telephonically about the whole episode and requested his father to get him released from the confinement. The petitioner No. 1 accordingly informed the Police Station, Gandhi Nagar, Jammu and SHO, Police Station, Gandhi Nagar sent two policemen with the petitioner No. 1 and thereafter the son of the petitioner No. 1 was released from the custody of respondent No. 2. Thereafter, the petitioner No. 1 and his son, namely, Shashi Leekha went to Police Station, Gandhi Nagar and lodged a complaint with the Police Station, Gandhi Nagar against the respondent No. 2 in respect of the above mentioned occurrence. To the surprise of the petitioners, the respondent No. 2 after beating her husband filed a false and frivolous complaint against her husband and the petitioners in Police Station, Gandhi Nagar, Jammu. It is also stated that FIR on the basis of the complaint lodged by the son of petitioner Nos. 1 and 2 and father of petitioner Nos. 3 and 4 was not registered as the dispute was settled between the parties and compromise was also affected. It is further stated that due to cruel attitude of the respondent No. 2 and for the treatment of his eye, the son of the petitioner Nos. 1 and 2 left his in-laws house and started residing at his own house at Karan Nagar, Jammu and again in order to settle the score, the respondent No. 2 filed a false and frivolous complaint with the Police Station, Women Cell, Gandhi Nagar, Jammu against her husband and petitioner No. 2 only and on the basis of the said complaint when the Police was about to arrest the petitioner No. 2 and her son, they obtained bail in anticipation of their arrest from the court of learned Additional District Judge, Jammu. The Police submitted a report before the learned Additional District Judge and it was found that on 3/2/2017, the respondent No. 2 had filed a complaint against her husband and her mother-in-law.

(3.) Thereafter, the respondent No. 2 again filed a false and frivolous complaint against whole of the family of her husband bearing FIR No. 30/2017 dtd. 25/2/2017 for commission of offences under Sec. 498-A, 342, 506 and 504 RPC with Police Station Gandhi Nagar, Jammu and after investigation challan has been filed against the petitioners and Shashi Leekha i.e. the husband of the respondent No. 2, which has been impugned by the petitioners in the present petition on the following grounds: