High CourtsSingle Bench(2021) 12 J&K CK 0058

Sanjeev Kumar & Ors vs State & Others

Jammu And Kashmir High Court · Decided on 28 December 2021

HON’BLE JUDGES
Tashi Rabstan, J
RESULT
Disposed Of
CASE NUMBER
Criminal Miscellaneous Cases No. 346 Of 2018, IA No. 1 Of 2018, Criminal Miscellaneous Cases No. 1757 Of 2021

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Judgment

7 paragraphs · 382 words

Tashi Rabstan, J

1.

Petitioners have filed the instant petition for quashing of FIR No.120/2018 dated 12.04.2018 registered against them under Sections 323, 341, 34 RPC at Police Station Domana on the basis of a complaint made by Manju Rani Abrol, respondent No.4 herein, i.e., wife of Sanjeev Kumar, petitioner No.1 herein.

2.

A perusal of the file reveals that filing of above-mentioned FIR against the petitioners is the consequence of matrimonial dispute between petitioner No.1 and respondent No.4.

3.

During the course of hearing of this petition on 29.07.2020, Mr. Aseem Sawhney, the then AAG, appearing for the State made a statement that petitioner No.1 and respondent No.4 have amicably entered into a compromise deed and sought to place the same on record. As per the compromise deed dated 25.09.2018, petitioner No.1 and respondent No.4 have decided to dissolve their marriage out of their free will and it has been agreed upon that after the decree of divorce by mutual consent it passed, both petitioner No.1 and respondent No.4 shall cease to be husband and wife.

4.

Today when the matter was taken up for hearing, as per the terms and conditions of the agreement, both petitioner No.1 and respondent No.4 were directed to record their statements before the Registrar (Judicial) of this Court. Accordingly, their statements were recorded before the Registrar (Judicial) and both have admitted the contents of the agreement dated 25.09.2018 registered before the Notary Public, Jammu on the same date. Further, Manju Rani Abrol, i.e., respondent No.4 herein, has specifically stated before the Registrar (Judicial) that she has no objection in case above-referred FIR No.120/2018 dated 12.04.2018 registered against the petitioners herein is quashed. For identification purposes, petitioner No.1 produced his PAN Card, whereas respondent No.4 produced her Aadhar Card, photocopies whereof have been taken on record.

5.

Therefore, in view of above and without going into the merits of the case, I deem it proper to allow the petition and quash FIR No.120/2018 dated 12.04.2018 registered against the petitioners under Sections 323, 341, 34 RPC at Police Station Domana. Ordered accordingly. Connected IA and CrlM, accordingly, stand disposed of.

6.

Registry to take on record the statements made by petitioner No.1 as well as respondent No.4 as also the copies of PAN Card and Aadhar Card.