Jammu & Kashmir High Court
Anju Thakur vs Ut Of Jammu & Kashmir on 2 January, 2025
Author: Rahul Bharti
Bench: Rahul Bharti
Sr. No. 28
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case:- CRM(M) No. 7/2025
1. Anju Thakur, Age 30 years,
W/o Sh. Ashok Singh,
D/o Sh. Dharam Singh,
R/o Hochak, Pogal Paristan Ukhral,
Ramsu, Ramban
A/p Purkhoo, Court Road, Near Royal Farms, Jammu.
2. Ashok Singh, Age 38 years,
S/o Sh. Jagdev Singh.
3. Oma Devi, Age 62 years,
S/o Sh. Jagdev Singh.
4. Ambica Kumar, Age 30 years,
S/o Sh. Jagdev Singh.
5. Neeraj Singh, Age 27 years,
S/o Sh. Jagdev Singh.
All resident of H. No. 31, Lane No. 2, Sector 1,
Block - D, Durga Nagar, Roop Nagar, Jammu.
.....Petitioners
Through: Mr. Anoop Parihar, Advocate
Vs
UT of Jammu & Kashmir
Through SHO P/S Domana, Jammu.
..... Respondent
Through: Mr. Pawan Dev Singh, Dy. AG
Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE
ORDER
02.01.2025
01. The petitioner No. 1 – Anju Thakur is the wife of the
petitioner No. 2 – Ashok Singh. The petitioner No. 3 – Oma Devi is
the mother of the petitioner No. 2, whereas the petitioner No. 3 –
Ambica Kumari and the petitioner No. 4 – Neeraj Singh are the
sister and brother of the petitioner No. 2 – Ashok Singh.
2 CRM(M) No. 7/2025
02. The marriage of the petitioner No. 1 with the petitioner No.
2 is of 27.06.2019 having taken place in Jammu but the marital
relationship between the petitioners No. 1 & 2 did not remain
cordial leading the petitioner No. 1 to allege cruelty against her at
the hands of the petitioners No. 2 to 5 and register an FIR No.
0383/2020 dated 29.12.2020 with the Police Station Domana for
alleged commission of offences under section 498-A, 504, 506/109
Indian Penal Code (IPC).
03. On the basis of said FIR, a Final Police Report No.
107/2021 dated 21.06.2021 came to be presented by the Police
Station Domana, Jammu against the petitioners No. 2 to 5 which
came to be taken cognizance by the court of Judicial Magistrate Ist
Class (Sub-Judge), Jammu. The petitioners No. 2 to 5 came to be
booked for alleged commission of offences under section 498-A, 504,
506, 323/109 Indian Penal Code (IPC), 1860.
04. In addition to the aforesaid criminal case, the petitioner No.
1 also came to initiate proceedings under the Protection of Women
from Domestic Violence Act, 2005 followed by maintenance
proceedings’ case also filed by the petitioner No. 1 against the
petitioner No. 2.
05. During the state of aforesaid criminal case and litigation
initiated at the instance of the petitioner No. 1 against the
petitioners No. 2 to 5, a reconciliation exercise came to take place
between the petitioner No. 1 and the petitioner No. 2 which resulted
in a compromise dated 13.07.2024 whereby the petitioners No. 1 &
2 came to resolve all their outstanding disputes and differences and
3 CRM(M) No. 7/2025
free themselves from the marital relationship for the sake of better
future of each other in furtherance whereof a petition under section
13(b) of the Hindu Marriage, Act 1955 for dissolution of marriage by
mutual divorce came to be preferred before the court of Additional
Principal Judge (Family Court), Jammu wherein the petitioners No.
1 & 2 have in support of first motion have also recorded their
statements supporting the compromise agreement dated 13.07.2024
in terms whereof the petitioner No. 1 has also agreed for
withdrawing of her accusations and allegations against the
petitioners No. 2 to 5 and also for withdrawal of her domestic
violence case as well as maintenance case against the petitioners
No. 2 to 5.
06. It in this backdrop that the petitioners, in particular
petitioners No. 1 & 2, have come forward with the present petition
invoking inherent jurisdiction of this Court under section 528 of the
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 seeking
quashment of a criminal case born out of FIR No. 0383 dated
29.12.2020 read with Final Police Report No. 107/2021 dated
21.06.2021 of the Police Station Domana, Jammu pending trial
before the court of Judicial Magistrate Ist Class (Sub-Judge),
Jammu bearing CNR JKJM030062482021.
07. The petitioners No. 1 & 2 are present in person from whom
this Court has enquired as to whether they have amicably resolved
their disputes and differences acting on their free will and volition
without bearing any undue influence and pressure.
4 CRM(M) No. 7/2025
08. The petitioners No. 1 & 2, who are of matured
understanding, have re-affirmed their compromise and commitment
towards the terms and conditions of the compromise and intend to
bring all the litigation between them to an amicable end leaving
nothing to bother them in future before parting with their marital
relationship for which their mutual divorce petition is pending
expiry of six months wait period.
09. In view of this, the petitioners No. 1 & 2’s plea is well
founded and, therefore, this is a fit case in which this Court must,
in exercise of its inherent jurisdiction, grant indulgence to quash
the criminal case. Accordingly, the petition is allowed. The criminal
case born out of FIR No. 0383/2020 dated 29.12.2020 with the
Police Station Domana read with Final Police Report No. 107/2021
dated 21.06.2021 before the court of Judicial Magistrate Ist Class
(Sub-Judge), Jammu titled “UT of J&K Vs Ashok Singh and others,”
CNR JKJM030062482021is hereby quashed.
10. Disposed of.
11. A copy of this order be sent to the Judicial Magistrate Ist
Class (Sub-Judge), Jammu for the sake of notice and consigning the
said file to record.
(RAHUL BHARTI)
JUDGE
JAMMU
02.01.2025
Muneesh
Muneesh Sharma
2025.01.04 13:14
I attest to the accuracy and
integrity of this document