Vivek Singh Jasrotia & anr. v. State of J&K and anr.
2013-04-16
MUZAFFAR HUSSAIN ATTAR
body2013
DigiLaw.ai
Report of the Registry reveal that notice issued to respondent No. 2 has been received back duly served. Despite service, respondent No. 2 has chosen not to appear, probably for the reason that marriage between petitioner No.1 and respondent No. 2 stands dissolved in terms of the Award dated 05.08.2010 and further for the reasons that she had on 10.05.2010 made a statement that Criminal case under Section 498-A RPC pending in the file of Sub-Registrar, Judicial Magistrate 1st Class, Jammu will be withdrawn by her. In this Petition, petitioners pray that FIR No. 43/2008 dated 01.12.2008 and proceedings before the trial Court be quashed. In the FIR allegations were leveled against the petitioners about demand of dowry and harassment. After investigation, the Investigating Agency filed Report under Section 173 Cr.P.C. It is during the pendency of the case that the parties resolved to settle their disputes. As already stated, in her statement respondent No. 2 made an unequivocal statement that the criminal case under Sections 498-A & 109 RPC, pending in the Court of Sub Registrar (Judicial Magistrate 1st Class), Jammu will be withdrawn by her. It was also agreed between the parties that petitioner No.1 will deposit Rs.8.00 lac each in the names of daughters of the parties, till they attained majority. In the same statement, it is admitted that first installment of Rs.8.00 lac was paid by petitioner No.1 and has been deposited in the Jammu & Kashmir Bank in terms of FDR No.4231857 dated 10.05.2010. Since the marriage between petitioner No.1 and respondent No.2 has been dissolved and the parties have arrived at a settlement, continuance of proceedings in criminal case, in the circumstances, would not be conducive for the parties and their children and it tantamounts to abuse of the process of Court. In view of the law laid down by Hon'ble Supreme Court of India in case titled B.S. Joshi and others vs. State of Haryana and another, reported in Matrimonial Law Reporter (2003) 616 ( AIR 2003 SC 1386 ), proceedings pending before Sub-Registrar (JMIC), Jammu would not survive. This Petition along with connected application(s) is allowed and the proceedings pending on the files of learned Sub Registrar(JMIC), Jammu in case FIR No.43/2008 registered at Police Station Women Cell, Jammu under Sections 498-A and 109 RPC are quashed. The trial Court shall, accordingly, consign the file to record.