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2022 Supreme(J&K) 599

SANJAY DHAR
Taniya Mahajan – Appellant
Versus
Union Territory of Jammu And Kashmir – Respondent


Advocates appeared:
Mr. Farhan Mirza Advocate, for the Appellant; None., for the Respondent

JUDGMENT

1. Instant petition has been filed by the petitioners seeking quashment of chargesheet titled 'State vs Rajan Gupta and others' bearing No.34/2017 dated 02.08.2017 pending disposal before the Court of Learned Judicial Magistrate 1st Class (City Judge), Jammu for the offences under Section 498-A read with Section 109 RPC, filed against petitioner No.2 and others and the consequent criminal proceedings pending before the said Court.

2. The case set up by the petitioners is that marriage between them was solemnized on 07.09.2010 at Jammu in accordance with Hindu rituals and that out of this wedlock, one male child, namely Aayan Gupta born on 04.07.2011 at SMGS Hospital Jammu. It is contended that some personal differences and dispute arose between petitioners No.1 and 2, wife and husband, which ultimately resulted in divorce by mutual consent between them on 07.09.2018. Copy of judgment and decree of divorce passed by the learned Additional District Judge (Matrimonial Cases), Jammu is annexed with the petition. It is contended in the petition that the petitioners have also agreed that in future, they will not file any civil or criminal litigation against each other with regard

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