SATISH ANGRAL Vs. STATES OF J&K

JUDGEMENT

(1.) Through the instant petition filed under Sec. 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek quashment of F.I.R. No.07 of 2017 dtd. 16/2/2017 registered with Police Station, Women Cell, Jammu for commission of offences under 498-A, 323, 506 r/w 34 RPC.

(2.) The factual matrix of the case are that petitioner No.1 was married to respondent No.4 on 8/5/2009 at Jammu and thereafter both of them used to reside at the matrimonial home established by petitioner No.1. However, the marital relations between the petitioner no.1 and the respondentno.4 have been lesser than cordial and conduct of respondent no.4 always played the spoilsport in the amicable relations between them. It is stated that respondent no.4 would not tolerate the presence of petitioner's mother, who is blind, in the home and she would further impute false and immoral allegations upon the petitioner no.1 which were tolerated by him till the time the respondent no.4 left the matrimonial home out of her own accord. It is further stated that the adamant attitude of respondent no.4 and regular interference of her family into the matrimonial affairs has led to the collapse of matrimonial life of petitioner no.1.

(3.) Learned counsel for petitioners states that in the year 2012, respondent no.4 filed an application under Sec. 488 Cr.P.C. and keeping in view the social objective of preventing the spouse from starvation, the Court of ld. 2nd Additional Munsiff, Jammu directed a maintenance of Rs.5,000.00 per month to respondent no.4 in February, 2016. It is stated that respondent no.4, after a lapse of about six years, filed a complaint before the respondent no.3 for registration of FIR against the petitioners in the month of April 2016. However, when confronted with the real facts by petitioner no.1, respondent no.4 settled for filing divorce by mutual consent under Sec. 15 HMA with petitioner no.1 settling for paying a permanent alimony of Rs.3.5 lacs along with return of all the items belonging to the respondent no.4 which she had left at the time of deserting petitioner no.1. It is stated that the said items were returned by the petitioner. It is further stated that the proceedings before the respondent no.3 were deliberately procrastinated by respondent no.4 without any rhyme or reason and she finally withdrew the proceedings after getting her statement recorded before the respondent no.3 to the extent that she has filed some civil suit before competent court. Thereafter, after a lapse of more than two months respondent no.4 approached the Court of ld. City Judge, Jammu by filing application under Sec. 156(3) Cr.P.C. and obtained an order on sworn false averments. FIR impugned was consequently registered against the petitioners by the respondent no.3 on the basis of the directions of the Court.