High CourtsSingle Bench(2024) 05 J&K CK 0010

Pawan Kumar And Others vs Union Territory Of J&K And Another

Jammu And Kashmir High Court · Decided on 3 May 2024

HON’BLE JUDGES
Rajnesh Oswal, J
RESULT
Allowed
CASE NUMBER
Criminal Miscellaneous Case (M) No. 219 Of 2024

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Judgment

6 paragraphs · 243 words

Rajnesh Oswal, J

1.

At the instance of petitioner No. 5, FIR bearing No. 0104 of 2023 dated 25.04.2023 for offences under sections 366, 354-D, 341, 323, 506/34 IPC was registered with Police Station, Rhembal, Udhampur. It is alleged that the petitioner Nos. 1 to 4 abducted petitioner No. 5 and also was forced to solemnize marriage with petitioner No. 1.

2.

The quashing of FIR impugned is sought on the ground that petitioner Nos. 1 to 4 and petitioner No. 5 have entered into a compromise and a mutual divorce deed has been executed between them.

3.

The parties were directed to get their statements recorded before the Registrar Judicial of this Court. The statement of petitioner No. 5 has been recorded in which she stated that she and petitioner No. 1 have decided to dissolve their marriage by mutual consent under the Hindu Marriage Act and she does not want to continue with the impugned FIR. Statements of petitioner Nos. 1 to 4 have also been recorded.

4.

In view of the fact that the dispute is arising out of the marital discord between the petitioner No. 1 and petitioner No. 5 and that as the parties have settled the dispute amicably, the continuance of the investigation in the impugned FIR shall be nothing but an exercise in futility.

5.

In view of the above, the present petition is allowed and the impugned FIR and the proceedings emanating therefrom are quashed.