Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
WP (C) No. 159/2024
Jaseer Ahmed and Ors. .....Applicant(s)/Petitioner(s)
Through :- Mr. Lawanya Sharma, Advocate
v/s Ashyana Kouser .....Respondent(s)
Through :- None
CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE
ORDER 02.06.2025
1
By this petition, the petitioners herein are seeking quashment of the complaint titled “Ashyana Kouser Vs. Jaseer Ahmed” filed by the complainant against the petitioners under Section 12 of the Protection of Women from Domestic Violence Act, 2005, read with Sections 3, 18, 19 and 22 of the said Act, which is presently pending before the Court of District Judicial Mobile Magistrate Rajouri. 2
The petitioners have also challenged order dated 02.08.2023 passed by the Court of learned District Judicial Mobile Magistrate, Rajouri, whereby the application filed by the Complainant for restoration of the complaint has been allowed. Apart from the above, the petitioners have also challenged order dated 10.01.2024 passed by the Court of Learned Principal District and Session Judge, Rajouri, whereby appeal filed by the petitioners against order dated 02.08.2023 has been dismissed. 3
Learned counsel appearing on behalf of the petitioners states that this Court, in CRM (M) No. 543/2021, titled ‘Jaseer Ahmad and others vs. Ashyana Kouser’, vide order dated 14.09.2021, had directed the learned District Judicial Mobile Magistrate, Rajouri, to conclude the trial within a period of six months from the date of the said order without any further delay. 4 `
Learned counsel for the petitioners submits that the present petition has been filed due to non-compliance with the order dated 14.09.2021 passed by this Court in CRM(M) No. 543/2021, and that the proceedings initiated under Section 12 of the Protection of Women from Domestic Violence Act, 2005 have Sr. No. 41
not been concluded till date. He further submits that the complaint was filed in the year 2021, and despite the lapse of substantial time, only the complainant has been examined and the proceedings have not been concluded, without any justifiable reason being assigned. 5
Despite service of notice, the respondent has chosen not to appear before this Court, as such, she is set ex parte. 6
Learned counsel appearing for the petitioners states that the petitioners would feel satisfied if the instant petition is disposed of with a direction to the learned District Judicial Mobile Magistrate, Rajouri, to comply with the order dated 14.09.2021, passed in CRM (M) No. 513/2021 (supra), and to complete the proceedings within a reasonable period of time. 7
Be that as it may, without expressing any opinion on the merits of the case, the present petition is disposed of, at the threshold, with a direction to the learned District Judicial Mobile Magistrate, Rajouri to strictly comply with the directions passed by this Court on 14.09.2021 in CRM (M) No. 513/2021 titled “Jaseer Ahmed Vs. Ashyana Kosser” and to conclude the proceedings in the complaint filed by the respondent as expeditiously as possible, in accordance with law.
Disposed of.
(Moksha Khajuria Kazmi) Judge
JAMMU 02.06.2025 Rahul