Matrimonial dispute

No doubt a dispute over matrimonial affairs could be a reason for an accused to commit the alleged crime but it could equally be a reason for the complainant side to falsely implicate him in the case on account of a previous grudge.

Petitioner was aggrieved of order passed by Ex-officio Justice of Peace, whereby her application for registration of FIR was dismissed

Validity

If there was a dispute over matrimonial issues between parties, in spite of that, Station House Officer was legally bound to register FIR in case a cognizable offence was made out

Petitioner had categorically stated that proposed accused on the force of weapons entered in her father's house and made direct firing upon them and it was their sheer luck that they had saved their lives but in spite of such facts, application of petitioner for registration of FIR was declined, which was not proper

High Court directed Station House Officer to record statement of petitioner and register FIR in case cognizable offence was made

Petition was allowed in circumstances.

Prosecution witness who was sleeping besides the deceased at the time of his murder, had stated in his statement under S.161, Cr.P.C. that accused persons committed the murder with muffled faces

Delay of four days in inspection of the site of occurrence and preparation of Mashirnama had not been explained

Empties from place of occurrence had not been collected by the police but same were collected by the complainant party which handed them over to the police on the day of inspection of the site

Dead body of deceased was brought to the hospital on the day of occurrence, therefore, it could be said that occurrence was well within the knowledge of the police and the complainant party, but still the F.I.R. was lodged after two days of the occurrence

Prosecution case was doubtful and required further inquiry as envisaged under S.497(2), Cr.P.C.

Bail application of accused was accepted and they were admitted to bail.