USHA KIRAN Vs. UT OF J&K

JUDGEMENT

(1.) Petitioners have invoked inherent jurisdiction of this Court, in terms of Sec. 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (for short, "BNSS"), for quashment of FIR No. 0024, under Ss. 498-A, 323, 504, and 506 IPC of Police Station, Women Cell, Udhampur, the charge sheet presented in the Court of learned Chief Judicial Magistrate, Udhampur ["the trial Court"] and the consequent cognizance taken by the trial court against the petitioners and proforma respondents vide order dtd. 12/11/2024.

(2.) As factual narration of the present case would unfurl, on 5/11/2024 Police Station, women Cell Udhampur received an application dtd. 4/11/2024 from SSP, Udhampur, filed by respondent No. 2 against her husband-the proforma respondent and the petitioners-parents-in-laws for registration of FIR, stating inter alia that she was married to the proforma respondent on 26/11/2023 as per Hindu Rites and they cohabited after the marriage. It was alleged by the complainant that one and a half month after the marriage, petitioners and proforma respondent asked for divorce on the pretext that she was unable to conceive. It was also alleged that petitioner No.1 demanded dowry in the shape of LCD, motor cycle and gold ornaments and that all the accused persons i.e. petitioners and proforma respondent had beaten and harassed the complainant several times and neither she was not allowed to enter the matrimonial house nor paid the maintenance.

(3.) Pertinently, the complainant goes on to allege that on 19/3/2024 at 11:30 p.m., accused persons abused her in the name of her parents, beat and threw her out from the matrimonial home. She made several attempts to return to the matrimonial fold after 19/3/2024 but was not allowed. She was subjected to physical and mental cruelty and threatened to be killed. It was also alleged that on 28/10/2024 she filed an application and reported the incident to SHO, Women Cell, Police Station Udhampur, but no action was taken.