GOWHER IMTIYAZ v. UNION TERRITORY THROUGH POLICE STATION GANDERBAL AND ANR. (HOME)
CRM(M)/44/2025 · 2025-01-23
Rajesh Sekhri
body2025
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[ 2025 DAILYLAW 6101 (JK) · dailylaw.ai ]
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[ 2025 DAILYLAW 6101 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Sr. No.49 Supp. List-2
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM (M) No. 44/2025 CrlM No. 74/2025 CrlM No. 75/2025
Gowhar Imtiyaz
…Petitioner(s)/Appellant(s) Through: Ms. Insha Rashid, Adv. Vs. UT Th. P/S Ganderbal and Anr. ...Respondent(s) Through:
CORAM:
HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE
O R D E R 23.01.2025
Petitioner has invoked inherent jurisdiction of this Court in terms of Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS) for quashing of charge sheet No. 25/2023 pending in the Court of learned Judicial Magistrate 1st Class Ganderbal (trial court) for the alleged commission of offences under Sections 498-A, 420, 3/4 D.P.Act 342 IPC, primarily on the ground that the complainant/respondent No. 2 Qaira Khan has made a statement in favour of the petitioner during the trial that they are living a happy married life and she did not want further prosecution against the petitioner.The short grievance projected by the petitioner is that despite the statement made by the complainant/respondent No. 2 in favour of the petitioner, the proceedings have not been concluded till date.
Having regard to the limited nature of controversy and an innocuous prayer made by learned counsel for the petitioner, the present petition is admitted to hearing and
disposed of at the threshold with a direction to learned trial court to expedite and conclude the trial within a period of six weeks in accordance with law from the date of copy of this
order is made available.
(RAJESH SEKHRI)
JUDGE SRINAGAR 23.01.2025 Sakeena