HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MOHIT VERMA – Appellant
Versus
STATE OF JAMMU AND KASHMIR TH.S.H.O.P/S WOMEN CELL,JAMMU – Respondent
CRMC 677/2017
['ANKESH CHANDEL', '', 'SUNIL SETHI SR ADV', 'KOSHAL PARIHAR', '', 'S S NANDA SR AAG', 'AMIT CHOPRA', 'GA']
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRMC No. 677/2017
CrlM No. 1519/2019
IA No. 01/2017
Mohit Verma
…..Appellant(s)/Petitioner(s)
Through: Mr. Ankesh Chandel, Advocate.
Vs
State of J&K and Anr.
.…. Respondent(s)
Through: Mr. Bhanu Jasrotia, GA vice
Mr. Amit Gupta, AAG for R-1.
Mr. Koshal Parihar, Advocate for R-2.
Coram: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
16.03.2022
1.
Inherent jurisdiction under Section 482 Cr.P.C (previously Section
561-ACr.P.C) is being invoked by the petitioner for quashment of FIR No.
0028/2017 dated 02.08.2017, registered with Police Station, Women Cell,
Jammu for commission of offences under Sections 498-A, 326-A, 354-A, 354-B
and 109 RPC and the proceedings/investigation being conducted by the
respondent No. 1 against the petitioner in the impugned FIR.
2.
The parties are stated to have entered into a compromise and settled
their disputes and differences, whereunder the impugned FIR had got registered
by the respondent No. 2, namely, Deepika @ Riya Babbar against the petitioner
and consequently, a compromise deed is placed on record of the instant petition.
Sr. No. 27
2
CRMC No. 677/2017
3.
In view of the compromise so arrived at between the parties, the
petitioner, as also the respondent No. 2 in terms of order dated 10.03.2022 were
directed to appear before the Registrar Judicial for recording of their statements
in support of the deed of compromise. The statements of the petitioner, as also
the respondent No. 2 have been recorded on 14.03.2022 by the Registrar
Judicial. The same are extracted and reproduced hereunder:-
<Statement of Deepika alias Riya Babbar (respondent No. 2):
Age: 26 years; D/o Sh. Rajesh Babar, W/o Mohit Verma R/o
98, Lakkar Mandi, Janipur, Jammu on oath on 14.03.2022:
Stated that I married to Mohit Verma (petitioner
herein) according to Hindu rites and customs on 05.02.2015 at
Pathankote, Punjab. Out of the wedlock, a male child was
born on 16.10.2017. Due to some matrimonial discord
between us, I filed a complaint against my husband. The said
application came to be registered as FIR No. 0028/2017 dated
02.08.2017 for offences under Sections 498-A, 326-A,354-A,
354-8 and 109 RPC at Police Station, Women Cell, Gandhi
Nagar, Jammu. Subsequently, I entered into a compromise
with petitioner whereby I settled all disputes and issues with
the petitioner. A compromise agreement dated 26th day of
November, 2021, has also been executed in this regard before
Notary, Jammu which is also placed on record. Further, I
have no grievance against him. ln view of the compromise, I
have no objection in case Hon'ble Court quashes the FIR
No.0028/2017 dated 02.08.2017 for offences under Sections
498-A, 326-A,354-A, 354-8 and 109 RPC registered at Police
Station, Women Cell, Gandhi Nagar, Jammu.=
<Statement of Mohit Verma (petitioner): Age: 24 years; S/o
Sh. Sanjeev Kumar Verma, R/o Mission Road, Garden
Colony, Pathankote, Punjab on oath on 14.03.2022:
Stated that I married to Deepika alias Riya Babbar
(Respondent No.2) according to Hindu rites and customs on
05.02.2016 at Pathankot, Punjab. Out of the wedlock, a male
child was born on 16.10.2017. Due to some matrimonial
discord between us, she filed a complaint against me in Police
Station, Women Cell, Gandhi Nagar, Jammu. The said
application came to be registered as FIR No. 0028/2017 dated
02.08.2077 for offences under Sections 498-A, 326-A, 354-A,
354-8 and 109 RPC at Police Station, Women Cell, Gandhi
Nagar, Jammu. Subsequently, I entered into a compromise
with respondent No.2 whereby I settled all disputes and issues
with her. A compromise agreement dated 26th day of
November, 2021, has also been executed in this regard before
Notary, Jammu which is also placed on record. Further, I have
no grievance against him. ln view of the compromise, I pray
befo