Quashing of complaint refused as husband failed to prove that cases filed by wife were frivolous

Jammu and Kashmir High Court: A Single Judge Bench comprising of Sanjay Kumar Gupta, J., dismissed the petition of the husband as he failed to provide any ground that the cases filed by wife were frivolous and were only to harass him.

The petition was filed under Section 561-A CrPC for quashing of complaint that was pending in the Court of Munsiff, a complaint/petition under Section 12 of J&K Protection of Women under Domestic Violence Act, 2010 that was pending in the Court of Excise Magistrate Jammu; petition under Section 488 CrPC that was pending in the Court of Munsiff JMIC, Jammu; and FIR registered at Police Station, Jammu for offence under Sections 498-A and 323 RPC.

The facts of the case are that the marriage between petitioner and respondent was solemnized 25 years back. Their married life remained peaceful for almost 20 to 21 years and thereafter there arose problems which led to the current petition.

The court dismissed this petition stating that all the petitions and Criminal complaint were filed by the respondent under the statutory provisions of law and petitioner was not able to make out any grounds for quashing the aforesaid proceedings.[Sobat Ali v. Hamida Bibi,2018 SCC OnLine J&K 959, Order dated 14-12-2018]

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