MOHD. ZAHOOR Vs. STATE OF JAMMU & KASHMIR

JUDGEMENT

(1.) Subject matter of the petition is FIR No. 2/2016 dated 14.06.2016 registered at Police Station Rajouri for offences under Section 498-A/109 of RPC.

(2.) It is submitted that petitioner No.1 is the husband of private respondent. Petitioner Nos. 2 and 3 are parents of petitioner No.1 and petitioner No.4 and 5 are sisters of petitioner No.1. All the petitioners are accused in FIR No. 2/2016. It is stated that private respondent was a widow and petitioner No.l contracted Nikah with her in the year 2012. It is further stated that the private respondent earlier instituted FIR No. 310/2014 dated 19.06.2014 for the offences under Sections 498-A/109 of RPC at Police Station Rajouri against petitioner Nos. 1 to 3 and the final challan in the said FIR has been produced before the Court of Special Mobile Magistrate Rajouri and the petitioners are facing trial therein. It is stated that another FIR No. 02/2016 dated 14.06.2016 for the same offences leveling the same allegations against the petitioners and on the same facts is registered.

(3.) Before going to merits of the case, the question is as to whether the FIR containing allegations which set the police in motion, can be quashed at the threshold stage? The answer has to be in the negative, for, the remedy under Section 561-A Cr. P. C. can be invoked/pressed into service only inthe following circumstances: