AKSHAY KACHROO AND ANOTHER Vs. DR. ISHITA GANJOO

JUDGEMENT

(1.) Petitioners have invoked inherent jurisdiction of this Court under section 561-A of the Jammu and Kashmir Code of Criminal Procedure, 1989 (for short, the Code) to seek quashing of a complaint under Section 498-A RPC filed against them by the respondent (hereinafter to be referred as 'the complainant') in the Court of learned Judicial Magistrate (City Judge), Jammu and proceedings therein including the order of taking cognizance dated 06.02.2016 passed by the learned Magistrate.

(2.) Heard. I have perused the record.

(3.) Complainant, Ishita Ganjoo, is wife of petitioner No. 1, Akshay Kachroo and petitioner No. 2 is her father-in-law. Marriage between the complainant and petitioner No. 1 was solemnized on 12.05.2013 at Jammu. In the complaint lodged by her, it is stated that after their marriage the complainant went to her matrimonial house at Nagpur with the petitioners. She has alleged various incidents of cruelty meted out to her by the petitioners in her matrimonial house at Nagpur. It is alleged inter alia that after she gave birth to a female child on 05.09.2014 the behavior of petitioners became more worse, they consistently harassed and tortured her on this count, saying that having given birth to a female child she should bear all her expenses as they wanted a male child only. She has alleged also that her torture by the petitioners continued with each passing day. She was given beating by petitioner No. 1 on 14.10.2015. On 15.10.2015, the petitioners gave beating to her and asked her to call her parents to take her back to their house or else they will throw her out from the matrimonial home. On 25.10.2015, petitioner No. 1 started yelling at and beating her mercilessly and even threatened that he would kill the minor child if her parents do not bear their expenses and provide cash and gold to him. She kept crying throughout the night in her room. On 26.10.2015 she left for Jammu and since then she is suffering and in order to maintain herself and her minor daughter she has started working in a private Homeopathic Medical College at Chandigarh. It is alleged by the complainant that on 28.11.2015, petitioner No. 2 and his other son came to Jammu and told her that they will take her back to matrimonial home if she leaves the minor child at Jammu and also asked her to give cash to them. Complainant, thus, sought action for commission for offence under Section 498-A read with 34 RPC against the petitioners for treating her with severe cruelty "for want of more dowry items as well as cash amount from her parents".