SHAM LAL AND OTHERS Vs. MADHU CHOUDHARY

JUDGEMENT

(1.) Through the medium of this petition, petitioners seek quashment of criminal complaint and order dated 18.04.2017 in File No.86/Cr.Misc. titled "Madhu Choudhary v. Parveen Choudhary and ors." pending before the Court of learned Chief Judicial Magistrate, Kathua.

(2.) The main facts emanating from the case set up by the petitioners are that petitioners 1 and 2 are the father in law and mother in law of the respondent, petitioner No.3 is husband and petitioner No.4 is the daughter of petitioners No.1&2, residing at H.No.13, Ward No.5, Vijaypur, Tehsil and District Samba. Petitioner No.3's marriage with the respondent was solemnized on 12.12.2015 and after the marriage; the respondent left the matrimonial house without any reasonable cause and started living at Kathua. At that point of time, petitioner No.3 was posted at Bank of Borada, Amritsar and made numerous efforts to bring back the respondent but she did not responded to the request of the petitioners. It is also contended that marriage solemnized was a simple one and also dowry less and respondent without any reasonable cause deserted the petitioners.

(3.) Other side has filed objections and has stated that petition under section 561-A Cr.P.C. is maintainable on the grounds that, there is no provision for recording statement of applicant in Act, before taking cognizance; that in terms of section 27 Court within whose jurisdiction petitioner permanently or temporary resides has jurisdiction. That petition has been before court below as per rules of Act.