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2025 DAILYLAW 2260 (JK)

MANJUSHA KAPOOR v. SPECIAL EXCISE MOB.MAGISTRATE JAMMU

OWP/666/2017 · 2025-07-03

Rahul Bharti

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case:- OWP No. 666/2017 IA No. 1/2017 Manjusha Kapoor, Age 36 years, W/o Shri Deepak Kumar R/o H. No. F-75, Narainia Mohalla, Kachi Chhawni, Tehsil and District Jammu. …..Petitioner(s) Through: Mr. K. S. Johal, Sr. Advocate with Mr. Karman Singh Johal, Advocate. Vs Special Excise Mobile Magistrate, Jammu .…. Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (03.07.2025) 1. The petitioner was constrained to approach this Court in order to relieve herself from the proceedings which came to be commenced against her by the court of learned Special Excise Mobile Magistrate, Jammu born out of an incident which came to take place in the course of proceedings of the case pending before the court of learned Special Excise Mobile Magistrate, Jammu wherein the petitioner acting as guardian of her minor son was representing his case against her husband and father of her son for the sake of maintenance proceedings. 2. The petitioner, who is an educated woman, has registered her remorse and an unconditional apology with respect to the incident which came to be taken exception by the court below Serial No. 49 2 OWP No. 666/2017 resulting in the initiation of proceedings under section 242 of the Code of Criminal Procedure. 3. Therefore, this Court while accepting the unconditional apology submitted by the petitioner also puts the petitioner on a caution not to repeat such like incident in future in case if any legal proceedings obtains or is obtaining between her and her husband in any court of law. 4. Accordingly, the instant petition is allowed and the complaint No. 200/8EMMJ dated 27.10.2015 along with proceedings on file No. 444-A/Complaint are hereby quashed. 5. Disposed of. 6. A copy of this order be sent to the learned Special Excise Mobile Magistrate, Jammu for the sake of notice. (RAHUL BHARTI) JUDGE JAMMU 03.07.2025 Shivalee Whether the order is speaking :Yes/No Whether the order is reportable: Yes/No Shivalee Khajuria 2025.07.07 11:43 I attest to the accuracy and integrity of this document