NEENU DHAR KOUL Vs. ROHIT KOUL

JUDGEMENT

(1.) The nitty-gritty of the petition of the petitioner is that she was surprised by the bad behavior of the respondent No. 1 meted out to her three months after she got married to him in the year 2010. He tortured her, leveled false allegations against her,and thrashed her on a number of occasions along with the other respondents. All this she has stated, happened in Delhi where she had a temporary living with her husband and his parents. On this, she approached the SHO Police Station Domana for the registration of a complaint against the accused persons but he refused to entertain the same. Thereafter, on 2/2/2018 she sent a copy of the complaint to SHO Domana and SSP Jammu, under registered cover. In addition, she filed an application before the Learned Chief Judicial Magistrate, Jammu who transferred the same to the Learned Sub Judge, Jammu. The Learned Sub Judge, Jammu directed the SHO Police Station Domana to take action in the matter as a corollary to which the authorities of the Police Station Domana conducted an enquiry and submitted the report before the Learned Sub Judge, Jammu stating therein that the F.I.R cannot be registered against the respondents at Police Station Domana for want of jurisdiction in as much as the occurrence has taken place at Delhi. It needs must be said that the petitioner has in unequivocal terms spelt it out in her petition that the marriage between her and the respondent No.1 took place at Jammu where she resided at that moment and was working in a Bank. It CRMC No. 227/2018, MP No 01/2018 Page 1of 3 was after this marriage that she got herself transferred to Delhi to live in the company of the respondent No.1 and the other respondent. The grounds projected by the police authorities in declining to register the FIR appear to be devoid of any merit and substance, when tested on the strength of the law laid down by this Court in the case of Sanjeev Sharma and others Vs. State and ors.; 2005 (3) JKJ 459, wherein it has been held as follows:-

(2.) Taking into consideration the dictum of law laid down above, the SHO Police Station, Domana is directed to register a case against the respondents in case the complaint discloses the commission of cognizable offences by the respondents.

(3.) List on 4/6/2018.