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2019 Supreme(J&K) 487

Suman Sharma – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant :Anil Khajuria, Advocate
For the Respondent:Ravinder Gupta, AAG and Garima Gupta, Advocate

JUDGMENT :

Sanjay Kumar Gupta, J.

1. Through the instant petition filed under Section 561-A of the Code of Criminal Procedure (hereinafter for short, Cr.P.C) petitioners seek quashment of order dated 20th February, 2015 passed by learned Principal Sessions Judge, Kathua in Cr. Revision titled State vs. Munish Sharma and ors, by virtue of which the order passed by the learned trial court on 22nd March, 2014 discharging the petitioner(s), has been set aside. It is further prayed for quashing of proceedings qua the petitioners in File No. 84/Challan pending before the Court of learned Judicial Magistrate 1st Class (Munsiff) Kathua.

2. The case of the petitioners is that petitioners 1 and 2 are sisters of one Shakti Khajuria (Proforma respondent No. 3 herein), who are married at Pathankot and Samba respectively, whereas petitioner No. 3 is the husband of petitioner No. 1 and is residing at Pathankot. The marriage between proforma respondent No. 3 and Eshata Sharma alias Ruchi alias Ruhi (respondent No. 2 herein) came to be solemnized on 4th January, 2013 at Kathua. But, immediately after marriage the relationship between the couple went into rough weather due to certain reasons and it has

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