Allowed

Bansi Lal and Ors. v. Ut of J and K Th Incharge Police Station Women Cell Gandhi Nagar and Anr.

J&K HC2 Dec 2022CRM(M)/997/2022

Case brief

AI extract

What is this about?

The High Court quashed a criminal trial prosecution after examining parties and verifying a voluntary compromise wherein the petitioner married the complainant and sought to end their marital relation and criminal accusations.

What did the court decide?

The criminal case titled State Vs. Bansi Lal & others based upon Police Challan no. 35/2016 shall stand quashed.

Bansi Lal and Ors. Vs Ut of J and K Th Incharge Police… — Matrimonial and Divorce | J&K HC (2022)

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Sr. No. 132

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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CRM(M) No. 997/2022 CrlM No. 2079/2022

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Bansi Lal and others

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….Petitioner/Appellant(s)

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Through :- Mr. Brahum Dev Singh, Advocate.

V/s

UT of J&K & another

….Respondent(s)

Through :- Mr. Pawan Kumar Hans, Advocate.

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

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ORDER 02.12.2022

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The respondent no. 2 is the wife of the petitioner no. 6 and petitioner

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nos. 1 to 5 are relatives of petitioner no. 6. The respondent no. 2 and petitioner no. 6 are in relation as wife and husband and their marriage was solemnized on 22.04.2015 which turned out to be in a bad relation resulting in registration of FIR no. 44/2016 dated 15.09.2016 registered with the Police Station, Women Cell Gandhi Nagar, Jammu for the alleged commission of offence under section 498-A/109 of the Indian Panel Code.

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As a consequence of said FIR, a police challan came to be presented for trial of the petitioners which is going on before the Court of learned Chief Judicial Magistrate (Sub Judge) 1^st Class, Jammu and the trial of the case is based on Police Challan no. 35/2016 dated 29.11.2016.

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During the pendency of this criminal case, the petitioner no. 6 and respondent no. 2 have amicably settled their marital feud by entering in a written compromise, which is on record with the petition, executed on 11.11.2022 in

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CRM(M) No. 997/2022

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terms whereof the petitioner no. 6 and respondent no. 2 have resolved to end their marital relation-ship and also bring to an end a criminal accusation against the petitioners from the respondent no. 2.

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This Court has examined the respondent no. 2 and the petitioner no. 6 who are present in the Court along with their respective counsels.

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Compromise deed is also perused.

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This Court is convinced that the compromise between the petitioner no. 6 and respondent no. 2 is an outcome of the exercise of free will and volition on the part of the petitioner no. 6 and respondent no. 2 in particular, as such, it would be in the interest of justice to bring the criminal case going on for trial before the Court of learned Judicial Magistrate (Sub Judge 1^st Class) Jammu to an end without any further trial thereof, hence this petition is allowed.

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The criminal case titled “State Vs. Bansi Lal & others” based upon on Police Challan no. 35/2016 of Women Cell, Gandhi Nagar, Jammu shall stand quashed.

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A copy of this order be sent to Judicial Magistrate (Sub Judge) 1^st Class, Jammu for purpose of consigning the case to record in accordance with the directions hereby given.

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Disposed of.

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JAMMU 02.12.2022 Shivalee

Bansi Lal and Ors. v. Ut of J and K Th Incharge Police Station Women Cell Gandhi Nagar and Anr.

Case brief

What is this about?

What did the court decide?

Bansi Lal and Ors. v. Ut of J and K Th Incharge Police Station Women Cell Gandhi Nagar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

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