(1.) THIS petition, under section 482 of the Code of Criminal Procedure, (for short, the Code), has been preferred by the petitioners for quashing the charges framed by the Additional Chief Judicial Magistrate, Kangra, District Kangra, H.P. dated 31.3.2013 in case No. 109 -II/2013 titled as State versus Arjinder etc. and for quashing the FIR as well as whole of the proceedings pending before the Addl. Chief Judicial Magistrate, Kangra, District Kangra.
(2.) IT appears that an FIR was registered against the petitioners which has culminated into framing of charges and the petitioners have now been charged for committing of offence under sections 406, 420, 109, 506, 498 -A IPC. The allegations against the proforma respondent Arjinder Singh are to the effect that despite his marriage to the complainant, he dishonestly got the second marriage solemnized with the help of the petitioners. The learned counsel for the petitioners has taken me through the records of the case and would argue that learned Magistrate has framed the charges without applying his judicial mind and a close reading of the testimony of all the witnesses examined during the course of investigation nowhere connects the petitioners with the commission of offence.
(3.) INDISPUTABLY judicial process should not be an instrument of oppression or needless harassment. The court should be circumvent and judicious in exercising discretion and should take all the relevant facts and circumstances into consideration before issuing process lest it would be an instrument in the hands of private complainant as vendetta to harass the persons needlessly.
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