Sanjeet Kour Age 52 Years vs Ut Of Jammu And Kashmir Through Sho on 23 December, 2024

Jammu & Kashmir High Court

Sanjeet Kour Age 52 Years vs Ut Of Jammu And Kashmir Through Sho on 23 December, 2024

Author: Rahul Bharti

Bench: Rahul Bharti

                                                             Sr. No. 7


   HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                   AT JAMMU

Case No.:-   CrlM No. 1841/2024 in
             CRM(M) No. 269/2024

   1. Sanjeet Kour age 52 years
      W/o S. Manmohan Singh
      R/o Rama Lane, Talab Tillo, Jammu.
   2. Manmohan Singh, age 62 years,
      S/o S. Manohar Singh
      R/o Rama Lane, Talab Tillo, Jammu.
   3. Harleen Kour Kohli age 30 years
      W/o S. Pawandeep Singh Kohli
      R/o Nanak Nagar, Jammu.
   4. Gagandeep Singh age 32 years
      S/o Manmohan Singh
      R/o Rama Lane, Talab Tillo, Jammu.


                                                          .....Petitioner(s)

               Through: Mr. Ashish Sharma, Advocate.

                Vs

   1. UT of Jammu and Kashmir through SHO, Police Station, Nowshera,
      Rajouri.
   2. Nandani Kour, W/o Gagan Deep Singh R/o Ward No. 12, Nowshera,
      District Rajouri.

                                                       ..... Respondent(s)

                Through:

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

                                ORDER

23.12.2024

CrlM No. 1841/2024

For the reasons mentioned in the application, the same is

allowed.

2 CRM(M) No. 269/2024

Petition is directed to be listed today.

Disposed of accordingly.

CRM(M) No. 269/2024

1. FIR No. 0203 of 2022 dated 01.09.2022 came to be registered

with the Police Station, Nowshera, district Rajouri. The

complainant lodging the impugned FIR was Nandani Kour

alleging commission of offences against her under sections

498-A/506/109 Indian Penal Code (IPC), 1860 naming therein

her husband Gagandeep Singh, her parents-in-law Manmohan

Singh and Sanjeet Kour and sister-in-law Harleen Kour Kohli.

2. The FIR in reference resulted in production of final police

report/chargesheet No. 17/2024 dated 26.03.2024 before the

court of Judicial Magistrate 1st Class (Sub Judge), Nowshera.

3. Before the final police report/chargesheet could be presented

before the court of Judicial Magistrate 1st Class (Sub Judge),

Nowshera by the Police Station, Nowshera, the matrimonial

dispute between the complainant Nandani Kour and her

husband accused Gagandeep Singh came to be amicably

resolved resulting in filing of a petition for dissolution of

marriage by mutual divorce under section 13(B) of the Hindu

Marriage Act, 1955 on 16.02.2023 before the court of Civil

Judge (Sr. Division) Nowshera vested with the powers of

District Judge under Hindi Marriage Act, 1955 which resulted

in passing of a judgment and decree dated 30.10.2023 thereby
3 CRM(M) No. 269/2024

dissolving the matrimonial relationship between the

complainant Nandani Kour and her husband accused

Gagandeep Singh on the terms and conditions mutually agreed

upon by the two.

4. It is in the light of this development that the complainant

Nandani Kour abandoned her grievances which had at first led

her to register the FIR No. 0203 of 2022 dated 01.09.2022, and

has now accordingly joined the petitioners i.e., her husband,

parents-in-law and sister-in-law for seeking quashment of the

said criminal case borne out of final police report/chargesheet

No. 17 of 2024 dated 26.03.2024 on the file of Judicial

Magistrate 1st Class (Sub Judge), Nowshera.

5. This court, in terms of an order dated 24.04.2024, came to

direct the parties to get their statements recorded before the

Registrar Judicial, Jammu which, accordingly, came to be

recorded on 12.07.2024.

6. The complainant-respondent No. 2 Nandani Kour is

represented by an Advocate Susheel Kumar Sambyal who is

present and submits that his client i.e., respondent No. 2 has

resolved all her differences and disputes with the petitioners

and the quashment of the criminal case would be in the

interest of justice and for ensuring everlasting peace in the

respective lives of the complainant/respondent No. 2 and the

petitioners as being the accused.

4 CRM(M) No. 269/2024

7. In the light of this, the present petition is allowed.

8. Criminal case against the petitioners at the instance of the

respondent No. 2 borne out of FIR No. 0203/2022 dated

01.09.2022 in the form of challan No. 17/2024 dated

26.03.2024 before the court of Judicial Magistrate 1st Class

(Sub Judge), Nowshera is hereby quashed and the petitioners

are discharged from the said case.

9. Copy of this order be sent to the Judicial Magistrate 1st Class

(Sub Judge), Nowshera for disposing of the criminal case in the

light of this order.

10. Disposed of accordingly along with connected application(s), if

any.

(RAHUL BHARTI)
JUDGE
JAMMU
23.12.2024
Naresh/Secy.

Naresh Kumar
2024.12.24 17:50
I attest to the accuracy and
integrity of this document