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High Court of Jammu and Kashmir · body

2025 DAILYLAW 4281 (JK)

BRIJASH KUMAR AND OTHERS v. POONAM KUMAR AND ANOTHER

CRM(M)/761/2025 · 2025-08-12

Ma Chowdhary

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM (M) No. 761/2025 CrlM No. 1431/2025 01. Brijash Kumar aka Brejesh Kumar, S/O Ajit Kumar 02. Ajit Kumar S/O Sarab Chand. 03. Gita Devi aka Jeeta Devi, W/O Ajit Kumar. 04. Sashi Kumar aka Shashi Kumar S/O Ajit Kumar All residents of Indralla Thatri, District Doda. A/p Permanently residing at 54, Phase 2 Tricone City Schrind Road Chalela, Patiala, Punjab-147001. …..Appellant(s)/Petitioner(s) Through: Mr. Mayank Gupta, Advocate. Vs 01. Poonam Kumari W/O Brejesh Kumar. 02. Kavish Kumar aka Khavish S/O Brejesh Kumar. Both residents of Village Indralla, Tehsil Thatri, District Doda, A/p Pathan Dronjamani, Tehsil Bella, District Doda. .…. Respondent(s) Through: CORAM: HON’BLE MR. JUSTICE M A CHOWDHARY, JUDGE ORDER (12.08.2025) 01. Petitioners, through the medium of this petition filed under Section 528 of BNSS, 2023, seek quashment of petition filed by the respondents under Section 12 and 23 of The Protection of Women from Domestic Violence Act, 2005, pending before the Court of learned District Judicial Mobile Magistrate (T), Doda. Serial No.71 2 02. Learned counsel for the petitioners submits that the petitioners had moved an application dated 15.10.2024 for deletion of names of respondent Nos. 1 to 4(petitioners herein), from the array of parties, which has not been decided by the learned trial Magistrate. He has also pointed out that the petition before the trial Court is not maintainable as the complainant No. 2(respondent No. 2 herein), could not maintain the petition, as aggrieved person under The Protection of Women from Domestic Violence Act, 2005. 03. Learned counsel for the petitioners submits that petitioners shall be satisfied if this petition is disposed of at this stage with a direction to the trial Court to consider the plea raised by the petitioners herein, in their application before further continuance with the impugned order dated 27.06.2025, passed by the trial Court. His statement is taken on record. 04. In view of the submission made by learned counsel for the petitioners, the instant petition is disposed of at this stage, with a request to the learned trial Magistrate to consider and decide the application dated 15.10.2024 moved by the petitioners, before further consideration of extension of the order impugned dated 27.06.2025. 05. Petition stands ‘disposed of’, in the above terms, along with connected application(s). (M A CHOWDHARY) JUDGE Jammu 12.08.2025 Renu Renu Bala 2025.08.13 13:33 I attest to the accuracy and integrity of this document