Deepika Ghambir vs State of J&K

M A Chowdhary, J

Petitioner, through the medium of this petition under Section 561-A of the CrPC (akin to section 482 CrPC and 528 of BNSS), seeks to quash impugned order dated 07.05.2018, in a complaint filed by the respondent under section 500 RPC titled “Pawan Gambhir Vs Deepika Gambhir.”, and also to quash complaint dated 21.04.2018 pending adjudication before the court of learned Judicial Magistrate (Sub Judge, 13th Finance), Jammu, titled “Pawan Gambhir vs. Deepika Gambhir.”

Respondent despite several opportunities has chosen not to file objections, however, both the parties appeared in person before this Court, to make statements.

During the pendency of the petition on hand, the parties reconciled, resolved their differences amicably and filed a joint petition before the Family Court, Jammu, which petition has been disposed of in terms of order dated 23.08.2025, a copy whereof has been placed on record. In terms of order dated 23.08.2025, the marriage between the parties has been dissolved with their mutual consent, in terms of Section 13-B of the Hindu Marriage Act, as well as, on the terms and conditions mentioned in the joint petition.

Learned counsel for the parties submit that the parties have settled their differences and willingly and mutually agreed upon that the proceedings pending before the court below be brought to an end. They further submit that the complaint dated 21.04.2018 has already been withdrawn by the respondent herein from the Trial Court. On that count, the parties have also made statements before the learned Registrar Judicial of this Court on 11.09.2025.

It would be appropriate to reproduce the operative part of the judgment dated 23.08.2025 passed by the Family Court, Jammu, as under:

“9. Hence, the prayer as made by the petitioners, is hereby accepted and accordingly the marriage of the petitioners solemnized on 29.10.2012 at Jammu in accordance with the Hindu Rites and Rituals at Jammu is hereby dissolved with mutual consent of the petitioners in terms of the provisions contained under section 13-B of the Hindu Marriage Act on the  terms  and  conditions  which  have  already  been mentioned in the instant petition as well as in the statements of the petitioners in the affidavits filed before the court in the present petition. The petitioner no.2 is entitled to get released an amount of Rs. 8,50,000/- from this court which has been deposited by the petitioner no.1 on account of permanent alimony. Out of the said amount of Rs. 8,50,000/-, FDR for an amount of Rs. 4,00,000/- shall be made in the name of the minor Naira, till she attains the age of majority, however, petitioner No.2 being the sole nominee and legal guardian shall be competent to withdraw interest accrued on the fixed deposit for welfare of the minor child. The petitioner no.2 namely Deepika Gambhir being the mother shall be guardian of the minor child in all respects and she has every right to apply before any department/ institution for any document or any other requirement which are to be fulfilled by the guardian, so that the minor should not suffer in any manner. Petitioners are impressed upon to withdraw their cases pending against each other. Accordingly, a decree is passed in their favour. Office to draw a decree sheet in compliance to this judgment. No order is passed as to costs. File shall be consigned to records after its due compilation under rule.”

It would be advantageous to reproduce first condition agreed upon by the parties before the Family Court, which reads thus:

“i. Parties shall withdraw their respective litigations including litigations against their relatives/family members, pending before the Subordinate, District and the Hon'ble High Court of Jammu & Kashmir & Ladakh on second motion statement and further bound to make their respective statements, to enable the Hon'ble Courts to quash the criminal proceedings and acquittal in non-compoundable offences/ matters. Petitioner No.1 shall be bound to convince Shri Arun Dhar for withdrawal of the criminal proceedings preferred against petitioner No.1 and family members. Parties also agreed that they shall not file any further litigation amongst each other and relatives and family members.”

In view of the amicable settlement arrived at between the parties, their specific statements made before the learned Registrar Judicial and as the complaint dated 21.04.2018 has been withdrawn, the matter on hand has been rendered infructuous.

In view of the afore-stated facts and circumstances of the case, this petition is disposed of being infructuous, along with connected application(s). Interim order, if any, is vacated.

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