RAHUL BHARTI
Divinder Kour – Appellant
Versus
UT of J&K – Respondent
JUDGMENT :
1. Through the present case, this Court is seizing an occasion and opportunity to examine the legal position that it is not possible/feasible for a complainant wife and an accused husband in a given criminal case under trial for the commission of offence under section 498-A Indian Penal Code and other related offences, to join together and call upon the Public Prosecutor conducting the prosecution to exercise his authority to withdraw from the prosecution so as to sub-serve the interest of justice when a complainant/wife amicably reconciles her matrimonial differences and grievances with and against her accused husband and his relatives thereby intend to end the criminal case initiated upon her complaint/first information report before the very criminal court seized of the trial of the case.
2. By filing the present petition invoking the inherent power of this court available under Section 482 of the Code of Criminal Procedure, 1973 (in short, “CrPC”), the petitioners no. 1 and 2, being wife and husband, have joined together for seeking quashment of a criminal case under trial, based upon the police report no. 57 of 2020 submitted by the Police Station, Janipur, Jammu, aga
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