Quashed

Ajay Sharma and Others v. U T of J and K Th Commissioner Secretary Home Deptt and Others

J&K HC7 Dec 2022CRM(M)/749/2022

Case brief

AI extract

What is this about?

The High Court of Jammu & Kashmir quashed the final police report and challan in an FIR regarding matrimonial disputes under RPC sections 498-A, 504, 506, 109, and 120-B, based on a compromise between the parties to end their marriage and withdraw all pending cases.

What did the court decide?

Final Police Report/Challan No. 57/2015 read with FIR No. 87/2015 of Police Station, Gangyal, Jammu were quashed.

Ajay Sharma and Others Vs U T of J and K Th Commissioner… — Matrimonial and Divorce | J&K HC (2022)

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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Case:-CRM(M) No. 749/2022 CrlM No. 1565/2022

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Ajay Sharma and ors.

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….Petitioner(s)

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Through :- Mr. Prince Khana, Advocate.

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V/s

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UT of Jammu and Kashmir and ors.

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….Respondent(s)

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Through :- Mr. Pawan Dev Singh, Dy. AG for R-1 to 3. Mr. Vikas Magotra, Advocate for R-4.

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Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE

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ORDER

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07.12.2022

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The petitioner No. 1-Ajay Sharma is married to the respondent No. 4-

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Sarita Devi. The marriage between the two is of 10.10.2010 in accordance with Hindu rites and customs. Out of said wedlock, one girl child, namely, Aveera Sharma is born.

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The matrimonial relationship between the petitioner No. 1 and the respondent No. 4 did not go well resulting in respondent No. 4- Sarita Devi registering an FIR No. 87/2015 dated 10.06.2015 against the petitioners who are her husband and the parents-in-law for alleged commission of offences under sections 498-A/504/506/109 and 120-B of the Ranbir Penal Code (RPC).

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The investigation of the aforesaid FIR resulted in presentation of a Final Police Report/Challan No. 57/2015 dated 29.08.2015 for commission of offences under Sections 498-A/504/506/109 and 120-B of the Ranbir Penal Code against the petitioners. This Police Report/Challan came to be

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CRM(M) No. 749/2022

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taken cognizance by the court of learned Judicial Magistrate 1^st Class (Sub Registrar), Jammu.

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Said criminal case based upon the aforesaid Police Report came to be challenged by the petitioners in a petition-CRM(M) No. 749/2022 in which this Court, vide order dated 29.09.2022 while issuing notice to the other side, came to stay the proceedings in the impugned challan pending before the trial court.

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The petitioner No. 1-Ajay Sharma and the respondent No. 4-Sartia Devi are now said to have entered into a compromise duly notarized on 02.09.2022 in terms whereof they have decided to end their matrimonial relationship and pursuant to that both the petitioner No. 1 and the respondent No. 4 have filed a joint petition for grant of divorce by mutual consent.

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It has been stated in the compromise deed that the petitioner No. 1 has agreed to pay permanent alimony of an amount of Rs. 24,00,000/- to the respondent No. 4 out of which Rs. 12,00,000/- shall be given to the minor daughter, namely, Aveera Sharma through respondent No. 4 for her daily use and expenditures and studies. It is stated in the compromise that an amount of Rs. 4,00,000/- by virtue of cheque bearing No. 607846 of PNB Branch Gangyal, Jammu has been received by the respondent No. 4 from the petitioner No. 1. In the compromise deed, it is stated that the petitioner No. 1 not to claim the custody of the minor daughter which is to remain with the respondent No. 4.

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Lastly, in the compromise deed, it has been agreed that both the petitioner No. 1 as well as the respondent No. 4 shall withdraw the cases filed by

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CRM(M) No. 749/2022

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both of them against each other which are pending in the competent courts of law.

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Copy of the compromise deed has also been placed on record on the basis of which the petitioners and the respondent No. 4-Sarita Devi urge this Court to quash the aforementioned Final Police Report/Challan No. 57/2015 read with FIR No. 87/2015 dated 10.06.2015 of Police Station, Gangyal, Jammu.

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This Court, considering the fact that the petitioner No. 1 and the respondent No. 4-Sarita Devi have decided to end their marital relationship and have also decided to withdraw the cases filed by both of them against each other, as such this Court sees no reason to disallow the

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present petition. Accordingly, this Court quashes Final Police Report/Challan No. 57/2015 read with FIR No. 87/2015 dated 10.06.2015 of Police Station, Gangyal, Jammu.

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Disposed of accordingly along with connected application(s).

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Copy of this order be send to Judicial Magistrate 1^st Class (Sub Registrar),

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Jammu for consigning the case to record.

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(RAHUL BHARTI) JUDGE

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JAMMU 07.12.2022 Naresh/Secy

Ajay Sharma and Others v. U T of J and K Th Commissioner Secretary Home Deptt and Others

Case brief

What is this about?

What did the court decide?

Ajay Sharma and Others v. U T of J and K Th Commissioner Secretary Home Deptt and Others

Case brief

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What did the court decide?

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