Jammu & Kashmir High Court
Ramesh Sharma And Others vs State Of J&K And Others on 23 November, 2021
Sr. No. 17
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRMC No. 277/2015
IA No. 1/2015
IA No. 1/2018
Ramesh Sharma and others .....Appellant/Petitioner(s)
Through :- Mr. Sudesh Sharma, Advocate
v/s
State of J&K and others .....Respondent(s)
Through :- Mr. Aseem Sawhney, AAG
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
1. The present petition has been filed by the petitioners under section
561-A Cr.P.C (now 482 Cr.P.C) for quashing the FIR bearing No.
76/2015 dated 16.05.2015 registered with Police Station, Gangyal,
Jammu for commission of offences under sections 452, 323, 504,
506 and 34 RPC.
2. It is stated in the petition that the marriage of the sister of
petitioner Nos. 1 to 3 and daughter of the petitioner No. 4 namely
Ashish Sharma was solemnized with Deepak Sharma who is the
son of the respondent No. 3. It is further stated that because of the
marital discord between Deepak Sharma and Ashish Sharma i.e.
sister of the petitioner Nos. 1 to 3 and daughter of the petitioner
No. 4, Ashish Sharma had filed criminal complaint under section
498-A and 109 RPC before the court of learned Chief Judicial
Magistrate, Jammu and thereafter, the same was transferred to the
court of 2nd Additional Munsiff, Jammu. The learned 2nd
Additional Munsiff, Jammu vide order dated 05.05.2015
forwarded the said complaint to the Incharge, Women Cell, Canal
Road Jammu for registration of FIR against Deepak Sharma and
his family members including the respondent No. 3. It is further
stated that on 09.05.2015, an FIR bearing No. 22/2015 was
registered against Deepak Sharma and his family members
including the respondent No. 3 for commission of offences under
sections 498-A and 109 RPC. It is further averred that the son of
the respondent No. 3 namely Deepak Sharma had already filed a
petition under section 13 Hindu Marriage Act against Ashish
Sharma that is subjudice before the court of learned Additional
District Judge (Matrimonial Cases), Jammu and further in order to
wreck vengeance, the respondent No. 3 has lodged false and
frivolous FIR on 16.05.2015 in which dated of occurrence has
been shown as 14.05.2015.
3. The FIR has been impugned primarily on the ground that the same
was registered as counter blast to the FIR that was lodged by the
sister of the petitioner Nos. 1 to 3 and daughter of the petitioner
No. 4 and that ingredients of offences under sections 452, 323,
504, 506 and 34 RPC are absolutely missing in the FIR.
4. Response was not filed by the respondents including the
respondent No. 3 who though was duly served but she neither
filed the response nor appeared before this Court.
5. In view of the non-filing of the response, official respondent was
directed to produce the CD file and the same is produced before
this Court today for its perusal.
6. Mr. Sudesh Sharma, Advocate has reiterated the submissions
made in the petition.
7. Per contra, Mr. Aseem Sawhney, learned AAG submits that the
FIR prima facie discloses the commission of offences as such, the
same cannot be quashed.
8. Heard and perused the record.
9. From the record, it is evident that Ashish Sharma i.e. sister of the
petitioner Nos. 1 to 3 and daughter of the petitioner No. 4 because
of the marital discord had filed a complaint under section 498-A
and 109 RPC against her husband, parents in law and sister of her
husband and on the basis of said complaint, pursuant to the
directions of court of 2nd Additional Munsiff, Jammu vide order
dated 05.05.2015, FIR bearing No. 22/2015 dated 09.05.2015 for
commission of offences under section 498-A and 109 RPC was
registered against the above mentioned persons.
10. Further from the record, it is evident that the FIR impugned was
lodged by the respondent No. 3 on the basis of occurrence alleged
to have taken place on 14.05.2015.
11. A perusal of the FIR impugned reveals that on 14.05.2015 at
about 05:00 PM, the petitioners entered into the residential house
of the respondent No. 3 and used filthy language and also
assaulted the respondent No. 3 and her daughter and on raising
hue and cry, some neighbours came on spot and the petitioners ran
away. There is no specific allegation in the FIR as to which of the
petitioners assaulted the respondent No. 3 and her daughter.
12. I have gone through the CD file also and there is nothing on
record to demonstrate that the respondent No. 3 or his daughter
has suffered any injury and further in the FIR itself it has been
mentioned that the respondent No. 3 never wanted to undergo
medical examination as she did not suffer any external injury.
13. In view of the facts and circumstances of the case particularly in
view of the fact that the sister of the petitioner Nos. 1 to 3 and
daughter of the petitioner No. 4 has lodged the FIR on 09.05.2015
and after seven days, the respondent No. 3 lodged the FIR against
the petitioners and the contents of that FIR are also very vague in
nature which demonstrates that the impugned FIR was lodged just
as a counter blast to the FIR lodged by the sister of the petitioner
Nos. 1 to 3 and daughter of the petitioner No. 4 and further to
harass them.
14. The case of the petitioners is securely covered by the cases
mentioned at serial No. 7 of judgment passed by Hon'ble the
Apex Court in case titled State Of Haryana vs Bhajan Lal And
Ors., 1992 AIR (sc) 604.
15. In view of the above, this Court is of the considered opinion that
the impugned FIR has been lodged with an ulterior motive and
malice. As such, the FIR impugned is quashed.
16. The present petition is, accordingly, disposed of.
17. CD file is returned back to the Investigating Officer in the open
Court.
(RAJNESH OSWAL)
JUDGE
JAMMU
23.11.2021
Neha
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
