Atul Kumar vs Divya Bharti
2023 Latest Caselaw 2336 j&K

                                                                           Sr. No.103


         HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                         AT JAMMU
Case: CRM(M) No.335/2023
      CrlM No.614/2023


1.Atul Kumar, Age 37 years,                                        ..Petitioner(s)
S/o Late Sh. Ram Lal
R/o Village Patti, P.O. Rahya,
Tehsil Bari Brahmana District Samba

2. Smt. Ram Pyari, Age 62 years
W/o Late Sh. Ram Lal
R/o Village Patti, P.O. Rahya,
Tehsil Bari Brahmana District Samba

3. Anil Kumar, Age 33 years,
S/o Late Sh. Ram Lal
R/o Village Patti, P.O. Rahya,
Tehsil Bari Brahmana District Samba

                      Through: Mr. Naresh Kumar, Advocate.
                               Ms Meenu Khajuria, Advocate.

                 Vs


1. Divya Bharti, Age 27 years,                                ..... Respondent(s)
D/o Sh. Janak Raj
R/o Village Chak Murar P.O. Palli,
Tehsil Bishnah District Jammu.

2. State/U.T. of J&K
Through SHO Police Station Women Cell
Gandhi Nagar, Jammu.

                      Through: Mr. Monish Chopra, Advocate for respondent
                               No.1.


Coram:
          HON'BLE SH. JUSTICE PUNEET GUPTA, JUDGE
                                   ORDER

18.10.2023

1. This petition under Section 482 Cr.P.C. is filed by the petitioners seeking

quashing of FIR No.02/2017 under Section 498-A/109 RPC dated

03.01.2017 of Police Station Women Cell, Jammu; File No.187/Ch titled

State Vs. Atul Kumar & ors., pending before the Court of learned JMIC,

City Judge, Jammu; and all subsequent proceedings arising out of the said

case, primarily on the ground that petitioner No.1 and respondent No.1,

have arrived at a compromise, besides judgment and decree dated

29.09.2020 passed by the Court of learned Additional District Judge

(Matrimonial Cases) Jammu dissolving the marriage solemnized between

the parties.

2. Pursuant to order dated 24.04.2023 passed by this Court, statements of the

contesting parties have been recorded by the Registrar Judicial of this

Court and the same are placed on record.

3. Learned counsel for the petitioners has placed on record photo-copy of the

compromise deed executed between the parties on 23.09.2019, wherein it

is agreed by the parties that they will take necessary steps and will

cooperate with each other for the withdrawal/dismissal of cases pending

before different courts filed by them against each other.

4. From the perusal of statement of respondent No.1, it reveals that pursuant

to the compromise entered and mutual divorce petition filed by the

parties, the Court of District Judge (Matrimonial Cases) Jammu has

granted divorce vide judgment and decree dated 29.09.2020. She has no

grievance against the petitioners and does not want to pursue the FIR filed

by her. It has further come in her statement that she does not have any

objection in case this Court quashes FIR No.02/2017 dated 03.01.2017 u/s

498-A/109 RPC and consequent challan bearing File No.187/Ch titled

State Vs. Atul Kumar & ors., pending before the Court of learned JMIC,

City Judge, Jammu. Learned counsel appearing on behalf of respondent

No.1 also reiterates on the same lines as expressed by respondent No.1 in

her statement recorded by the Registrar Judicial

5. In view of the aforesaid settlement between the parties and the nature of

offence, the Court finds no impediment in quashing the proceedings

pending before the trial Court. Accordingly, this petition is allowed and

proceedings in File No.187/Ch titled State Vs. Atul Kumar & ors.,

pending before the Court of learned JMIC, City Judge, Jammu arising out

of aforesaid FIR, are quashed.

6. Copy of this order be sent to Court below.

( Puneet Gupta ) Judge

Jammu 18.10.2023 Narinder