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2021 Supreme(J&K) 621

JAVED IQBAL WANI
Mohd. Saleem – Appellant
Versus
Union Territory of J&K – Respondent


Advocates:
Advocate Appeared:
For the Petitioner: Irfan Khan
For the Respondent: Aseem Sawhney, Iqbal Hussain Bhat

JUDGMENT :

1. Inherent jurisdiction of this Court under Section 482 Cr.P.C. is being invoked by the petitioner for quashment of charge sheet No. 140/2020 dated 20.06.2020 pending trial before the Court of Special Mobile Magistrate, Jammu arising out of FIR No. 130/2020 dated 16.05.2020 registered at Police Station, Bahu Fort for offences under Section 498(A), 323 I.P.C.

2. The background facts those stem out from the petition are that the marriage between the petitioner and respondent No. 2 came to be solemnized on 12.12.2016 in accordance with the Muslim rites and rituals, however, the relationship between the petitioner and respondent No. 2 became strained, resulting into registration of an FIR No. 130/2020 dated 16.05.2020 at Police Station, Bahu Fort, Jammu. A complaint is also stated to have been filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005 by respondent No. 2 against the petitioner before the Sub-Registrar, Jammu followed by the proceedings under Section 125 Cr.P.C. before the Court of Special Magistrate Passenger Tax and Electricity, S

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