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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CRM(M) No. 647/2021

Pritish Mahajan and ors.

…..Appellant(s)/Petitioner(s)

Through: Mr. Rohan Kidar Sharma, Advocate vice

Mr. Himanshu Beotra, Advocate.

Vs

UT of J&K and Anr.

.…. Respondent(s)

Through: Mr. Amit Gupta, AAG.

Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

ORDER

15.03.2022

1.

Inherent jurisdiction under Section 482 Cr.P.C (previously Section

561-A Cr.P.C) is being invoked by the petitioners for quashment of FIR

No. 05/2019 dated 23.02.2019, registered with Police Station, Women Cell,

Jammu by the respondent No. 1 at the instance of respondent No. 2 against the

petitioners for commission of offences under Sections 498-A, 109, 504 and 506

RPC and challan bearing No. 04/2019 titled as, <State Vs. Pritish Mahajan=,

pending before the Court of Electricity Magistrate (Sub-Judge), Jammu against

the petitioners in lieu of amicable settlement arrived at between the parties.

2.

The parties are stated to have entered into a compromise and settled

their disputes and differences, whereunder the impugned FIR had got registered

at the instance of respondent No. 2 against the petitioners and consequently, a

compromise deed is placed on record of the instant petition.

3.

In view of the compromise so arrived at between the parties, the

petitioners, as also the respondent No. 2 in terms of order dated 10.03.2022 were

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directed to appear before the Registrar Judicial for recording their statements in

support of the deed of compromise. The statements of the petitioners, as also

the respondent No. 2 have been recorded on 11.03.2022 by the Registrar

Judicial. The same are extracted and reproduced hereunder:-

<Statement of Pritish Mahajan (petitioner No. 1): Age 36

years; S/o Vijay Gupta R/o H. No. 236, Sector No. 4, Roop

Nagar, Jammu on oath on 11.03.2022:

Stated that I married to Nagita Soni (respondent no.2)

according to Hindu rites and customs on 26.10.2016 at

Jammu. Out of the wedlock, a male child was born on

22.07.2017. Due to some matrimonial discord between us,

respondent no.2 filed a complaint against me and my family

members. The said application came to be registered as FIR

No.05/2019 for offences under sections 498-A, 109, 504 and

506 RPC at Police Station, Women Cell, Gandhi Nagar,

Jammu. The said FIR culminated into impugned challan

bearing No. 04/2019 titled "State v/s Pritish Mahajan" which

is pending before the Court of Electricity Magistrate (Sub

Judge), Jammu. Subsequently, I entered into a compromise

with respondent no.2 whereby I settled all disputes and issues

with her and we are living happily and peacefully under one

roof. A compromise agreement dated 25.11.2021 has also

been executed in this regard before Notary, Jammu which is

also placed on record. ln view of the compromise, I pray

before the Hon'ble Court to quash the FIR No.05/2019 dated

23.02.2019 for offences under sections 498-A, 109, 504 and

506 RPC registered at Police Station, Women Cell, Jammu

and challan bearing no. 04/2019 titled "state v/s Pritish

Mahajan" pending before the court of Learned Electricity

Magistrate (Sub-Judge), Jammu.=

<Statement of Vijay Gupta (petitioner No. 2): Age 67 years;

S/o Late Sh. Jagan Nath Gupta, R/o H. No. 236, Sector No. 4,

Roop Nagar, Jammu on oath on 11.03.2022:

Stated that my son-Pritish Mahajan (petitioner no.1) married

to Nagita Soni (respondent no.2) according to Hindu rites and

customs on 26.10.2016 at Jammu. Out of the wedlock, a male

child was born on 22.07.2017. Due to some matrimonial

discord between them, respondent no.2 filed a complaint

against me and my family members. The said application

came to be registered as FIR no. 05/2019 for offences under

sections 498-A, 109, 504 and 506 RPC at Police Station,

Women Cell, Gandhi Nagar, Jammu. Th