MOHD AMIN AND ORS Vs. RUBY KHAN

JUDGEMENT

(1.) Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C), petitioners seek quashing of Criminal Complaint titled "Ruby Khan Versus Mohd. Amin and Others." ,filed under Sections 406/323/342/506/498-A RPC and order dated November 29, 2012 whereby the process has been issued by the learned Sub-Judge, Katra, against the petitioners on the basis of the statement of the complainant-respondent as also the statement of her husband recorded in support thereof.

(2.) The brief facts of the case are that the respondent-Ruby Khan was married to Najamul Shah, son of Petitioner No.1 and brother of Petitioners No. 2 & 3 on April 15, 2011 as per the Muslim rites and rituals and after marriage petitioners started noticing/facing peculiar behavior of the respondent- Ruby Khan. It is stated that respondent-Ruby Khan came out to be a person of varied moods with violent anger. The rowdy and distinctive personality traits of respondent- Ruby Khan surprised the whole family of the Petitioners. The Petitioners despite best of their efforts were not able to ascertain the nature behavior of respondent-Ruby Khan. It is stated that the petitioners tried hard to keep the family organization subsisting and also tried to make the respondent understand the responsibility of the marriage and also of the family, yet the conditions kept on worsening. It is further stated that non harmonious functioning and the regular conflicts between petitioners and respondentRuby Khan, threatened the family organization resulting into family disruption. Ultimately the parents of the respondent -Ruby Khan alongwith other five members on May 25, 2012 took the respondent/-Ruby Khan to Kalka Nagar, Kundrorian, Katra, District Reasi. It is stated that Najamul Shah, son of the petitioner No. 1, also went along with his wiferespondent-Ruby Khan and had taken away her whole jewelry, locked her room and started living with her parents at Kalka Nagar, Kundrorian, Katra, District Reasi. Thereafter the respondent-Ruby Khan took on rent a house situate at Residency Road, Jammu, and started living there with effect from July 20, 201 The Petitioners, after the departure of respondent -Ruby Khan along-with her husband Najamul Shah, have never met them so far despite the fact that the respondent- Ruby Khan was blessed with twins on December 09, 2012, however, the Petitioners were shocked to know that the respondent-Ruby Khan took resort to filing of a Criminal Complaint titled "Ruby Khan Versus Mohd. Amin and Others.", under Sections 406/323/342/505/498-A RPC and ultimately the process was issued by the leaned Sub-Judge, Katra, against the Petitioners on the basis of the statement of the respondent as also the statement of her husband recorded in support thereof vide Order dated November 29, 201

(3.) Being aggrieved of the aforesaid criminal complaint filed by the respondent-complainant against the petitioners and order dated 29.11.2012, petitioners challenge the same on the following grounds:-