DANISH CHAUHAN Vs. DIRECTOR GENERAL J&K POLICE

JUDGEMENT

(1.) The petitioner has challenged FIR No. 12/2022 for commission of offences under Ss. 498 A and 109 IPC registered with Police Station, Women Cell, Gandhi Nagar, Jammu.

(2.) It appears that respondent No. 3 filed a complaint before In-charge Women Cell, Gandhi Nagar, Jammu alleging therein that she had entered into wedlock with the petitioner on 2/4/2021. It has been further alleged that soon after the marriage, the petitioner subjected respondent No. 3 to ruthless and intemperate treatment and that she was being pressurized in connection with demands of dowry. It has been further alleged that the petitioner is a regular drinker, chain smoker and a drug addict. It is alleged that the petitioner has indulged in physical violence with the complainant on a routine basis making her life a hell. The complainant goes on to allege that the petitioner made demands of cash amounting to sum of Rs.16.00 Lakhs and he also demanded a car from her. In short, respondent No. 3 has levelled serious allegations of cruelty against the petitioner in connection with demands of dowry. The allegations have also been levelled against other relatives of the petitioner/husband.

(3.) Challenge has been thrown to the impugned FIR on the ground that the allegations made therein are absolutely vexatious with a view to victimise the petitioner and his family members. It has been further contended that all the relatives of the petitioner including his parents and brother-in-law have been roped in the FIR which shows that respondent No. 3 only intends to harass the petitioner. It is also contended that respondent No. 3 has already filed an application under Sec. 12 of Protection of Women from Domestic Violence Act, 2005 (hereinafter to be referred as DV Act) against the petitioner, as such, she is debarred from lodging FIR against the petitioner and his relatives. It has also been contended that there are no specific allegations in the impugned FIR against the petitioner.