Jammu & Kashmir High Court – Srinagar Bench
Gowhar Imtiyaz vs Ut Th. P/S Ganderbal And Anr on 23 January, 2025
Sr. No.49
Supp. List-2
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM (M) No. 44/2025
CrlM No. 74/2025
CrlM No. 75/2025
Gowhar Imtiyaz ...Petitioner(s)/Appellant(s)
Through: Ms. Insha Rashid, Adv.
Vs.
UT Th. P/S Ganderbal and Anr. ...Respondent(s)
Through:
CORAM:
HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
ORDER
23.01.2025
Petitioner has invoked inherent jurisdiction of this Court in
terms of Section 528 of the Bhartiya Nagarik Suraksha
Sanhita, 2023 (BNSS) for quashing of charge sheet No.
25/2023 pending in the Court of learned Judicial Magistrate
1st Class Ganderbal (trial court) for the alleged commission
of offences under Sections 498-A, 420, 3/4 D.P.Act 342 IPC,
primarily on the ground that the complainant/respondent No.
2 Qaira Khan has made a statement in favour of the petitioner
during the trial that they are living a happy married life and
she did not want further prosecution against the
petitioner.The short grievance projected by the petitioner is
that despite the statement made by the
complainant/respondent No. 2 in favour of the petitioner, the
proceedings have not been concluded till date.
Having regard to the limited nature of controversy and
an innocuous prayer made by learned counsel for the
petitioner, the present petition is admitted to hearing and
disposed of at the threshold with a direction to learned trial
court to expedite and conclude the trial within a period of six
weeks in accordance with law from the date of copy of this
order is made available.
(RAJESH SEKHRI)
JUDGE
SRINAGAR
23.01.2025
Sakeena