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MOHAMMAD YAQOOB MIR
Kanta Choudhary – Appellant
Versus
State of J&K – Respondent


Advocates:
Counsel for the Parties:
For the Appellants:Mr. Sunil Sethi, Sr. Advocate with Mr. Dhiraj Chowdhary, Advocate
For the Respondents: Mr. S.S. Nanda, Sr. AAG.

JUDGMENT (ORAL)

Mohammad Yaqoob Mir, J.—At the very outset learned counsel for the petitioners’ states that the Petitioner No.2, during the pendency of this petition, has died on 17th December, 2015, therefore, petition will survive only vis-a-vis Petitioners No.1, 3 and 4.

2. Basically, Petitioner No.4 was married to one Neetu Mahajan. Out of the wedlock, one male child was born on 5th April, 2013. Initially relation between husband and wife were cordial, later on same got strained, as a result whereof, both have been living separately. The Petitioner No.4-husband filed a petition under Section 13 of the J&K Hindu Marriage Act for dissolution of marriage before the Court of Additional District Judge (Matrimonial Cases), Jammu, on 16.07.2011 whereas the wife lodged a report in Police Station, Woman Cell, Jammu, on 13.2.2013 registered as FIR No. 03/2013. Petitioners aggrieved thereof have filed the instant petition seeking quashment of the same on the ground that the complainant with the sole aim of wreaking vengeance has concocted a story when, in fact, petitioners have not committed any offence.

3. Now during the pendency of this petition, there has been another development i.e.

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