Excelsior Correspondent
Srinagar, Apr 17: Observing that the criminal courts and their processes cannot be used to settle civil or matrimonial disputes, High Court quashed the complaint as also the process taken by the trial Magistrate in the complaint which is civil in nature.
Justice Sanjeev Kumar quashed the proceedings taken by the Chief Judicial Magistrate Budgam in a complaint which as per the court is civil in nature. Court has held that the tendency of the litigants to file complaints at places which are far off and sensitive in view of law and order to put the opponent to harassment needs to be nipped in the buds.
“Instant case is a perfect example of how the processes of criminal law are manipulated by the shrewd litigants. Lack of territorial jurisdiction of the Trial Magistrate is itself a sufficient ground to allow this petition and quash the proceedings before the Trial Magistrate”, Justice Kumar said.
Court after having heard the counsel for parties and perused the record said that the averments made in the complaint, no offence can be said to have been committed within the territorial jurisdiction of the Trial Magistrate.
“I am in agreement with the petitioners that the complaint in question is an outcome of litigation between the brother of the complainant and his wife who is daughter of petitioner and the object of filing of this complaint is to put the petitioners to maximum harassment”, Justice Kumar added.
The petitioners are residents of Ghaziabad UP and for a resident of Ghaziabad UP to appear in a complaint in a court in District Budgam would serve the purpose for which the complaint has been filed. The filing of complaint by the complainant, the court said, in the Court of Chief Judicial Magistrate, Budgam, is a sheer abuse of the process of law.
The complainant has filed a complaint before the Trial Magistrate against the petitioners for commission offences under Section 193, 199, 209, 463, 464, 466, 469 and 120-B of Ranbir Penal Code for some alleged forgery committed with the Court.
It is alleged that in the dispute between husband and wife, the petitioners along with the couple are also involved the complainant in ruinous litigation. It is further claimed that the complainant too has filed an FIR in Police Station Women Cell, Srinagar, as well as a criminal complaint before the Court Chief Judicial Magistrate, Srinagar.
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