SANJAY KUMAR Vs. KULDEEP KUMAR

JUDGEMENT

(1.) This petition has been filed under Sec. 561-A Cr. P.C. for quashing the complaint titled Sonia Gupta Vs. Sanjay Kumar and others along with the order dated 23.11.2016, whereby the Court of learned Judicial Magistrate, 1st Class Hiranagar, District Kathua has taken the cognizance under Sec. 498-A RPC.

(2.) A complaint came to be preferred under Sec. 156(3) by one Sonia Gupta, wife of the petitioner herein on 23.09.2013 before the learned Judicial Magistrate, Hiranagar. The learned Magistrate forwarded the same to the concerned police station for appropriate action. Subsequently, it appears that no action was taken by the police probably on the statement of the girl that there had been some compromise between her and the petitioner.

(3.) When the things perhaps did not work out between the couple, the wife of the petitioner, namely, Sonia Gupta yet again approached the same Court on 19.10.201 A preliminary statement was recorded on 21.12.2013 in regard to the offence under Sec. 498-A of the RPC. Based on the complaint so filed and on the basis of the statement of the complainant, the Court took cognizance and issued process on 22.02.2014. This was filed by the petitioner herein before the High Court on the ground that the statement of the complainant based upon which the cognizance been taken by the Court was not on oath. It appears that by virtue of order dated 10.02.2016 the Court set aside the order dated 22.02.2014 and remanded the matter to Court below for passing a fresh order.