Neha Sharma vs Neelam Sharma on 20 January, 2025

Jammu & Kashmir High Court

Neha Sharma vs Neelam Sharma on 20 January, 2025

Author: Moksha Khajuria Kazmi

Bench: Moksha Khajuria Kazmi

                                            Sr. No. 47
      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

CRM(M) No. 41/2025
CrlM No. 79/2025

Neha Sharma                                       .... Petitioner/Appellant(s)

                        Through:-   Mr. Rohit Verma, Advocate

                  V/s

Neelam Sharma                                              .....Respondent(s)

                        Through:-

CORAM:HON'BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

                                  ORDER

20.01.2025

The instant petition has been filed by the petitioner under Section

528 of BNSS seeking quashing of the complaint under Sections 323 &

506 IPC registered under File No. 3437/2021/complaint along with order

dated 01.09.2021 whereby the Court of learned Sub-Judge Jammu has

taken cognizance as also all consequential proceedings emanating

therefrom.

Learned counsel for the petitioner states that the Court of learned

Sub-Judge, Jammu has issued non-bailable warrants against accused No.

1/petitioner herein, to be executed through SHO Pathankot and fixed the

matter for 08.02.2025. It is also stated that the petitioner is residing at

Germany and has been compelled to come India, only due to the order

passed by the Trial Court on 09.12.2024. Learned counsel for the

petitioner submits that the proceeding under Section 202 Cr.P.C. has not

been initiated before taking cognizance of the complaint filed by the
2

respondent and he has further stated that the petitioner was never served

by the Trial Court, as such, she could not appear before the Court.

Notice to the respondent in the main petition as well as interim

application, returnable within two weeks. Requisite steps for service

within one week. Dasti service is also permitted.

List on 04.02.2025.

Meanwhile, subject to objections and till next date of hearing

before the Bench, order dated 09.12.2024 to the extent of issuance of

non-bailable warrant to the petitioner shall remain stayed.

Alteration/modification on laying motion.

(MOKSHA KHAJURIA KAZMI)
Judge
JAMMU
20.01.2025
RAM MURTI/PS

Ram Murti
2025.01.20 18:18
I attest to the accuracy and
integrity of this document