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2021 Supreme(J&K) 245

RAJNESH OSWAL
Sourabh Beri – Appellant
Versus
State of J&K – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Maneesh Rampal.
For the Respondent: Mr. Aseem Sawhney.

ORDER :

1. The present petition has been filed by the petitioners under section 561-A Cr.P.C. (now 482 Cr.P.C.) for quashing the criminal challan titled State vs. Sourabh Beri and Others pending before the court of learned Sub Judge/Special Mobile Magistrate (13th F.N.) Jammu arising out of FIR bearing No. 56 of 2016 dated 21.11.2016 registered with Police Station, Women Cell, Gandhi Nagar, Jammu at the behest of respondent No. 3 for commission of offences under section 498-A/109 RPC.

2. The quashing of the challan has been sought on the ground that the petitioners and respondent No. 3 have amicably settled their marital dispute and pursuant to that, even the marriage between the petitioner No. 1 and respondent No. 3 has been dissolved by way of decree of divorce passed by the court of learned Additional District Judge (Matrimonial Cases), Jammu on 09.11.2018.

3. Despite notice, respondent No. 3 has not chosen to cause her appearance.

4. Mr. Aseem Sawhney, AAG submits that he has no objection in the event, parties have settled their dispute amicably.

5. Mr. Maneesh Rampal, learned counsel for the petitioners submits that once the martial relationship of husband and wife is seized to exi

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