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2025 DAILYLAW 3018 (JK)

MUKESH KUMAR AND OTHERS v. UT OF J AND K TH S.H.O. POLICE STATION WOMEN CELL JAMMU AND OTHERS

CM(M)/123/2025 · 2025-05-07

Rahul Bharti

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CM(M) No. 123/2025 Mukesh Kumar and others …..Appellant(s)/Petitioner(s) Through: Mr. R. K. Jain, Sr. Advocate with Ms. Kritika Jain, Advocate. Vs UT of J&K and others .….Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG for R-1 Mr. Khilari Lal, Advocate for R-2. Coram: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (07.05.2025) 01. The petitioner No. 1-Mukesh Kumar is present in person along with his counsel. The respondent No. 2-Monika Bhardwaj is also present in person along with her counsel. 02. The matrimonial dispute between the petitioner No. 1 and the respondent No. 2 which resulted in generation of criminal side proceedings born out of FIR No. 0014/2021 dated 21.04.2021 resulting in presentation of a police challan against the petitioners is said to have been amicably settled at the end of the petitioner No. 1 and the respondent No. 2 by resorting to divorce by mutual consent with respect to which today i.e. on 07.05.2025 the petitioner No. 1 and the respondent No. 2 are said to have presented 2nd motion for dissolution of marriage by decree of divorce by mutual consent before the Principal Family Court, Jammu and the formality of passing of a divorce decree is just an awaited formality. Serial No. 105 2 CM(M) No. 123/2025 03. Accordingly, the petitioners and the respondent No. 2 join together to quash the criminal case pending disposal before the court of Judicial Magistrate 1st Class (13th Finance), Jammu which is pending trial with respect to commission of offences under section 498-A/323/109 of the Indian Penal Code, 1860. 04. This Court has examined both the petitioner No. 1 and the respondent No. 2 today and is satisfied that the petitioner No. 1 and the respondent No. 2 are acting out of their free will and volition and, as such, for the betterment of their future course of life separating each other from the marital bond for which the criminal case above referred deserves to be quashed. 05. Accordingly, FIR No. 0014/2021 along with Final Police Report/Challan No. 20/2021 pending trial before the court of Judicial Magistrate 1st Class (13th Finance), Jammu are hereby quashed. 06. A copy of this order to be forwarded to Judicial Magistrate 1st Class (13th Finance), Jammu by the Registrar Judicial, Jammu for notice and consigning the case to record. 07. Disposed of. (RAHUL BHARTI) JUDGE JAMMU 07.05.2025 Shivalee Whether the order is speaking: Yes/No. Whether the order is reportable: Yes/No. Shivalee Khajuria 2025.05.09 12:19 I attest to the accuracy and integrity of this document