CM(M) No.341/2024 1 | P a g e IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Pronounced on: 29.10.2025 Uploaded on: 30.10.2025 CM(M) No.341/2024 SHABIR AHMAD BHAT ...PETITIONER/APPELLANT(S) Through: - Mr. Aijaz Ahmad Chesti, Advocate. Vs. YASMEENA & ORS. ...RESPONDENT(S) Through: - Mr. Syed Mohtasim, Advocate-for R1&R2. None for R3. CORAM: HON’BLE Mr. SANJAY DHAR, JUDGE JUDGMENT(ORAL) 1) The petitioner, through the medium of present petition, has invoked supervisory jurisdiction of this Court under Article 227 of the Constitution for challenging order dated 10.08.2024 passed by Judicial Magistrate 1st Class (City Judge), Srinagar, whereby a direction was issued to the Drawing and Disbursing Officer of the petitioner to deduct an amount of Rs.5000/ per month from the salary of the petitioner and to deposit the same in the account of respondent No.1. 2) The main ground for challenging the order (supra) is that while recording the settlement arrived at between the petitioner and respondents 1 and 2 in a proceeding under Sr. No.17 Regular List CM(M) No.341/2024 2 | P a g e Section 12 of the Protection of Women from Domestic Violence Act, 2005 [ for short “the DV Act”], the learned Magistrate had observed that in terms of the settlement agreed between the parties, the petition is withdrawn as settled, therefore, once the petition has been withdrawn by the respondents, the settlement recorded between the parties could not have been enforced against the petitioner. 3) Learned counsel for the respondents No.1 and 2 submitted that on account of some typographical or clerical error, the learned Magistrate, while disposing of the petition filed by respondents No.1 and 2 under Section 12 of the DV Act, has, instead of recording that ‘the petition is disposed of as settled’, recorded that ‘the petition is withdrawn as settled’, which has created the confusion. 4) Since the aforesaid error, as claimed by learned counsel for the respondents, is of clerical nature, the same is eligible to be corrected by the learned trial Magistrate in exercise of his powers under Section 362 of Cr. P. C. If the learned trial Magistrate thinks it appropriate to incorporate the aforesaid correction in order dated 09.10.2023, the settlement arrived at between the parties on the aforesaid date would become enforceable at law. 5) In view of the above, while setting aside order dated 10.08.2024 passed by the learned trial Magistrate, CM(M) No.341/2024 3 | P a g e respondents No.1 and 2 are given liberty to approach the learned trial Magistrate for seeking correction of order dated 09.10.2023 which has become basis of the impugned order dated 10.08.2024. If and when such an application is made by the respondents before the learned trial Magistrate, the same shall be dealt with and decided expeditiously in accordance with law after hearing both the parties. 6) Disposed of. 7) A copy of this order be sent to the learned trial Magistrate for information and compliance. (SANJAY DHAR) JUDGE Srinagar 29.10.2025 “Bhat Altaf” Whether the order is reportable: Yes/No