Amandeep Kour v. U T of J and K Th Ssp Kathua and Others

ORDER (28.12.2023)

¶1In CRM(M) No. 294/2023, the petitioner-Pameet Singh and respondent no. 4-Amandeep Kour are husband and wife with their marriage solemnized on 06.02.2022 but the marital relationship instead of maturing into harmony resulted in acrimony which led to the registration of an FIR No. 27/2022 for offences under sections 498-A/504/506 IPC registered with the Police Station, Women Cell, Udhampur against the petitioner-Pameet Singh. The present petition-CRM(M) No. 294/2023 came to be filed on

10.04.2023 for seeking quashment of the aforesaid FIR.

¶2The petition-CRM(M) No. 1077/2023 is in reverse order in the sense that herein the petitioner is wife-Amandeep Kour and the respondent no. 3 is the husband -Pameet Singh. The respondent no. 3-is the husband Pameet Singh. FIR no. 0216/2022 dated 23.10.2022 came to be registered by the respotindnet no.3 with the Police Station Rajbagh (Kathua) for the alleged commission of offences under Sections 315/109 IPC against the petitioner-Amandeep Kour. The petition-CRM(M) No. 1077/2023 came to be filed by the

3 CRM(M) Nos. 294/2023 & CRM(M) No. 1077/2023

petitioner wife-Amandeep Kour on 19.12.2023 seeking quashment of the aforesaid FIR No. 0216/2022.

¶3Both the husband and wife find themselves locked in a cross litigation involving accusation and counter accusation of criminal nature. During the pendency of the litigation, better sense has come to prevail upon them i.e., husband-Pameet Singh and wife-Amandeep Kour as a result whereof it is said and stated that they have reconciled their discord and differences by mutually separating and ending their marital company and status and in furtherance of that, both husband and wife have agreed for quashment of the aforesaid two FIRs registered against each other.

¶4This Court has examined the wife-Amandeep Kour and husband-Pameet Singh who are petitioners respectively in the aforesaid two petitions and, therefore, in the interest of justice, deem it a fit situation for directing quashment of the aforesaid two FIRs i.e., FIR no. 27/2022 and FIR no. 0216/2022 in exercise of inherent power so as to release and relieve the petitioners in respective petitions from further agony.

¶5Be that as it may be, both the petitions-CRM(M) No. 294/2023 and CRM(M) No. 1077/2023 are, thus, allowed

4 CRM(M) Nos. 294/2023 & CRM(M) No. 1077/2023

and consequently, both the FIRs i.e., FIR no. 27/2022 and FIR no. 0216/2022 are hereby quashed leaving both the parties free to carry forward their compromise to its logical end before the matrimonial court concerned.

¶6Both the petitions stand disposed of accordingly.

¶7Copy of this be forwarded to SHO, Police Station concerned for notice for requisite formality of closing the said two FIRs as quashed.

(Rahul Bharti) Judge J A M M U

28.12.2023

Naresh, Secy.

Whether the order is speaking:

Whether the order is reportable:

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case No. CRM(M) no. 294/2023 CrlM nos. 541/2023 and 542/2023. Pameet Singh, Age-33 years S/o Sh. Kamarjeet Singh R/o Near Panchayat Ghar Hardo Muthi, Raj Bagh, Kathua-184144. …..Petitioner(s) Through: Mr. Sumant Sudan, Advocate. Vs 1. UT of J&K through SSP Udhampur. 2. SHO Women Cell, Udhampur. 3. Investigating Officer, in case FIR no. 27/2022 P/S Women Cell, Udhampur. 4. Amandeep Kour, D/o Bhupinder Singh R/o Ward No. 17, Omara Morh, Udhampur. .…. Respondent(s) Through: Mr. Sumeet Bhatia, GA. Case No. CRM(M) no. 1077/2023 CrlM no. 2173/2023 Amandeep Kour, age 29 years D/o Bhupinder Singh R/o VPO Omara Morh, Udhampur. …..Petitioner(s) Through: Mr. Mohinder Kumar, Advocate. Vs 1. Union Territory of J&K through Senior Superintendent of Police, Kathua. 2. SHO Police Station Rajbagh (Kathua). 3. Pameet Singh S/o S. Karamjeet Singh R/o Hardo Muthi, Near Panchayat Ghar Rajbagh District Kathua-184144. .…. Respondent(s) 2 CRM(M) Nos. 294/2023 & CRM(M) No. 1077/2023 Through: Mr. Sumeet Bhatia, GA. Coram: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE