Jammu & Kashmir High Court - Srinagar Bench
Shabir Ahmad Bhat vs Yasmeena & Ors on 29 October, 2025
Author: Sanjay Dhar
Bench: Sanjay Dhar
Sr. No.17
Regular List
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT
SRINAGAR
Pronounced on: 29.10.2025
Uploaded on: 30.10.2025
CM(M) No.341/2024
SHABIR AHMAD BHAT
...PETITIONER/APPELLANT(S)
Through: - Mr. Aijaz Ahmad Chesti, Advocate.
Vs.
YASMEENA & ORS.
...RESPONDENT(S)
Through: - Mr. Syed Mohtasim, Advocate-for R1&R2.
None for R3.
CORAM: HON'BLE Mr. SANJAY DHAR, JUDGE
JUDGMENT(ORAL)
1) The petitioner, through the medium of present petition,
has invoked supervisory jurisdiction of this Court under
Article 227 of the Constitution for challenging order dated
10.08.2024 passed by Judicial Magistrate 1st Class (City
Judge), Srinagar, whereby a direction was issued to the
Drawing and Disbursing Officer of the petitioner to deduct an
amount of Rs.5000/ per month from the salary of the
petitioner and to deposit the same in the account of
respondent No.1.
2) The main ground for challenging the order (supra) is that
while recording the settlement arrived at between the
petitioner and respondents 1 and 2 in a proceeding under
CM(M) No.341/2024 1|Page
Section 12 of the Protection of Women from Domestic Violence
Act, 2005 [ for short "the DV Act"], the learned Magistrate had
observed that in terms of the settlement agreed between the
parties, the petition is withdrawn as settled, therefore, once
the petition has been withdrawn by the respondents, the
settlement recorded between the parties could not have been
enforced against the petitioner.
3) Learned counsel for the respondents No.1 and 2
submitted that on account of some typographical or clerical
error, the learned Magistrate, while disposing of the petition
filed by respondents No.1 and 2 under Section 12 of the DV
Act, has, instead of recording that 'the petition is disposed of
as settled', recorded that 'the petition is withdrawn as settled',
which has created the confusion.
4) Since the aforesaid error, as claimed by learned counsel
for the respondents, is of clerical nature, the same is eligible
to be corrected by the learned trial Magistrate in exercise of
his powers under Section 362 of Cr. P. C. If the learned trial
Magistrate thinks it appropriate to incorporate the aforesaid
correction in order dated 09.10.2023, the settlement arrived
at between the parties on the aforesaid date would become
enforceable at law.
5) In view of the above, while setting aside order dated
10.08.2024 passed by the learned trial Magistrate,
CM(M) No.341/2024 2|Page
respondents No.1 and 2 are given liberty to approach the
learned trial Magistrate for seeking correction of order dated
09.10.2023 which has become basis of the impugned order
dated 10.08.2024. If and when such an application is made
by the respondents before the learned trial Magistrate, the
same shall be dealt with and decided expeditiously in
accordance with law after hearing both the parties.
6) Disposed of.
7) A copy of this order be sent to the learned trial
Magistrate for information and compliance.
(SANJAY DHAR)
JUDGE
Srinagar
29.10.2025
"Bhat Altaf"
Whether the order is reportable: Yes/No
CM(M) No.341/2024 3|Page
