PARDEEP SIROHI AND OTHERS Vs. STATE AND OTHERS

JUDGEMENT

(1.) Through the medium of instant petition filed under Section 561-A Cr.P.C., petitioners seek quashing of the FIR No.55/2016 dated 29.01.2016 registered at Police Station Rajouri under Section 498-A/109 RPC against the petitioner.

(2.) It is stated in the petition that the police of Police Station Rajouri registered an FIR against the petitioners on the false complaint filed by respondent No.3. The petitioners have been falsely implicated in the case as they have not done anything as alleged by the police in the FIR which has been registered on a vague and false complaint.

(3.) It is further stated in the petition that the marriage of petitioner No.1 was solemnized with respondent No.3 in the month of April, 2009 according to Hindu Rites and ceremonies, and out of wedlock one child was born. Petitioner No.2 is the father of petitioner No.1, petitioner No.3 is the sister of petitioner No.1 and petitioner No.4 is the brother-in-law of petitioner No.1. Immediately after the marriage, respondent No.3 showed her high headedness and arrogant behaviour towards the petitioner No.1 and his parents. Respondent No.3 never showed love and affection towards petitioner No.1 and his family members. Respondent No.3 has left her matrimonial home in 2012 and refused to live with petitioner No.1 without any cause and reason, and started living in her parental house at Rajouri. The petitioners made best efforts to bring her back and would do all possible but respondent No.3 refused to come back to her matrimonial home. Respondent No.3 instead of coming back to her matrimonial house, she has filed a petition under Section 488 Cr.P.C. in the Court of learned Chief Judicial Magistrate, Rajouri, against petitioner No.1 for the maintenance on 29.11.2012 and same has been decided ex-parte on 28.03.2014 in which direction was passed to pay maintenance of Rs. 3,000/- per month to respondent No.3 and Rs. 2,000/- per month to her child. Respondent No.3 has been residing separately for the last four years and in order to harass the petitioner and his family members she has filed a complaint against petitioner No.1 and his family members at Police Station Rajouri for the offence under Section 498-A/109 RPC. Respondent No.3 has also filed a petition under Section 498 Cr.P.C. for enhancement of monthly maintenance granted by the Court of learned Chief Judicial Magistrate, Rajouri, which is still pending.