Harbhajan Kour And Another vs U. T. Of J&K And Another

Rajnesh Oswal, J

The present petition has been filed by the petitioners for quashing of criminal challan, titled, Union Territory of J&K vs. Harbhajan Kour and anr. arise out of FIR bearing No. 28/2023 for offences under section 498-A IPC read with sections 323 and 109 pending in the court of Chief Judicial Magistrate, Jammu. The petitioner No. 1 is the mother of petitioner No. 2 and respondent No. 2 is the wife of petitioner No. 2. It is stated that after registration of impugned FIR, the petitioner No. 2 and respondent No. 2 have entered into a compromise and in this regard, an agreement has been executed between the parties i.e. petitioner No. 2 and respondent No. 2, which is placed on record by the petitioners. As per terms of agreement, respondent No. 2 was under obligation to withdraw the impugned challan pending before the court of Chief Judicial Magistrate, Jammu. As per terms of agreement, parties are also agreed to withdraw all other counter claims cases filed against each other.

Notice. Mr. Pawan Dev Singh, Dy.AG accepts notice on behalf of respondent No. 1 and Mr. Manpreet Singh Saini, Advocate on behalf of respondent No. 2.

Statements of petitioner No. 2 and respondent No. 2 have been recorded. Respondent No. 2 in her statement has stated that she has resolved all the disputes with the petitioners. She has further stated that she has no objection in case FIR No. 0028/2023 and the consequent challan is quashed.

In view of the fact that the dispute is arising out of the marital discord between the petitioner No. 2 and respondent No. 2 and that as the parties have settled the dispute amicably, the continuance of the proceeding in the challan shall be nothing but an exercise in futility.

In view of the above, the present petition is allowed and the impugned challan, titled, Union Territory of J&K vs. Harbhajan Kour and anr. bearing No. 1006/2023 pending in the court of Chief Judicial Magistrate Jammu is quashed.