Mohd. Aslam vs U.T. Of J&K And Ors on 29 January, 2025

Jammu & Kashmir High Court

Mohd. Aslam vs U.T. Of J&K And Ors on 29 January, 2025

                                                                        Sr. No. 31
      HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU

Case: CRM(M) No. 38/2025

Mohd. Aslam                                                        ..... Petitioner(s)


                     Through :- Mr. Anuj Malhotra, Advocate

                Vs

U.T. of J&K and Ors.                                           .....Respondent(s)


                     Through :- Ms. Priyanka Bhat, Advocate vice
                                Mr. Eishaan Dadhichi, GA
                                Mr. Rahul Parihar, Advocate
         CORAM:
         HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

                                    ORDER

29.01.2025

Record reveals that the matter was listed before this Court on

20.01.2025 on which date, the petitioner has apprised this Court that

respondent no. 2 has amicably settled the dispute with petitioner no. 1 who was

under incarceration and both the parties have decided to marry. The respondent

no. 2, who was also present in Court on 20.01.2025 was directed to record her

statement.

In pursuant to the aforesaid order dated 20.01.2025 passed by this

Court, the statement of respondent no. 2 has been recorded, a perusal whereof

reveals, that the respondent no. 2 in her statement has deposed that she does

not want to pursue the impugned FIR bearing No. 0013/2024 dated 20.11.2024

registered at Police Station Loran District Poonch for the offence under
2|Page CRM(M) No. 38/2025

Section 64 BNS 2023 lodged against the petitioner along with all

consequential proceedings in challan titled U.T. of J&K Vs. Mohd. Aslam

pending adjudication before the Court of learned Principal Sessions Judge,

Poonch.

Learned counsel for the petitioner submits that in light of the

aforesaid statement and also in light of the fact that the parties have resolved

their dispute amicably prays that the impugned FIR and the proceedings

arising out of the aforesaid FIR i.e. challan, which is pending before the

competent court be quashed.

With a view to buttress his arguments, learned counsel for the

petitioner has placed reliance upon the judgment passed by the Coordinate

Bench of this Court in case titled Nazarat Hussain Vs. U.T. of J&K and Ors. in

CRM(M) No. 803/2024 decided on 21.10.2024 in which a Coordinate Bench

of this Court in the similar facts and circumstances of the case has allowed the

petition and quashed the FIR and the proceedings arising out of the said FIR

i.e. charge sheet and the petitioner was directed to be set liberty forthwith.

Learned counsel for the petitioner has placed reliance upon the

aforesaid judgment and prays that the case of the petitioner is covered by the

judgment passed by the Coordinate Bench of this Court. However, the learned

counsel for the official respondents seeks two days time to assist the Court in

this regard and, accordingly, in the aforesaid backdrop, this Court deems it

proper to adjourn the matter and post the same on Monday on which date, the

learned counsel for the official respondents shall assist the Court.

Heard in part.

3|Page CRM(M) No. 38/2025

List for continuation on 03.02.2025.

(WASIM SADIQ NARGAL)
JUDGE

JAMMU
29.01.2025
Mihul