- (1.)By the medium of this petition filed under Section 561-A of Code of Criminal Procedure [for short Cr.P.C], the petitioners have invoked the writ jurisdiction of this Court for quashment of the FIR no. 39 of 2009 and the final report i.e, challan presented by the police before the Court of Municipal Magistrate, Jammu, on the grounds taken in the petition.
(2.)It appears that a complaint came to be filed before the Chief Judicial Magistrate, Jammu, who directed the respondent no.1 to conduct investigation in terms of Section 156(3) of Cr.P.C. FIR no. 39 of 2009 came to be lodged, which set the police in motion and finally presented the charge sheet in terms of Section 173 of Cr.P.C before the Court of Chief Judicial Magistrate, Jammu, which came to be transferred to the Court of Municipal Magistrate, Jammu and is subjudice in the said Court as on today.
(3.)It is averred in the petition that already divorce proceedings are pending in between the parties (petitioner no. 1 and respondent no.2) before the Matrimonial Court and during the pendency of the said petition, respondent no.2 has filed a complaint before the Chief Judicial Magistrate, Jammu, which is an after-thought and just to harass the petitioners. Respondent no.2 has not made any allegation of harassment, mental torture or cruelty against the petitioners while making her statement before the Matrimonial Court in the divorce petition.