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High Court of Jammu and Kashmir · body

2025 DAILYLAW 12863 (JK)

RAKESH KUMAR v. UNION TERRITORY OF JAMMU AND KASHMIR TH WOMEN CELL KATHUA AND ANR.

Bail App/324/2025 · 2025-11-14

Rajnesh Oswal

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Bail App No. 324/2025 CrlM No. 2197/2025 c/w CRM(M) No. 1183/2025 CrlM No. 2198/2025 Rakesh Kumar ….. Petitioner(s)/Appellant(s) Through: Mr. Amit Gupta, Advocate Vs UT of J&K & Anr. .…. Respondent(s) Through: Mr. Pawan Dev Singh, Dy. AG vice Mr. Suneel Malhotra, GA for No. 1. Mr. Abhishek Gupta, Advocate for No. 2. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 14.11.2025 Bail App No. 324/2025 1. Mr. Amit Gupta, learned counsel for the petitioner seeks withdrawal of the present bail application with liberty to approach the learned Sessions Court at first instance. 2. Disposed of, accordingly. CRM(M) No. 1183/2025 2. This petition has been filed by the petitioners for quashing FIR No. 0018/2025 dated 27.10.2025 registered with Women Police Station, Kathua on the ground that the respondent No. 2, i.e., the complainant in the FIR(supra) has solemnized marriage with petitioner No. 1. 3. Notice. 4. Mr. Pawan Dev Singh, learned Dy. AG appearing vice Mr. Suneel Malhotra, learned GA waives notice on behalf of the respondent No. 1 Sr. No. 74 2 Bail App No. 324/2025 c/w CRM(M) No. 2197/2025 and Mr. Abhishek Gupta, Advocate waives notice on behalf of the respondent No. 2. Respondent No. 2 is also present in person. 5. Mr. Abhishek Gupta submits that he is under instructions that the respondent No. 2 has no objection, in the event, FIR in question is quashed. 6. Faced with the situation, Mr. Pawan Dev Singh, learned Dy. AG seeks time to file response. Granted. 6. List on 05.12.2025. 7. Meanwhile, Investigating Officer shall get the statement of the respondent No. 2 recorded, who has attained the age of majority as on date and shall place the same on record. However, the charge-sheet shall not be filed, provided the respondent No. 2 does not make any incriminating statement against the petitioners. (A (RAJNESH OSWAL) JUDGE Jammu 14.11.2025 Meenakshi