ATUL SHARMA Vs. STATE OF J & K

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing Charge Sheet No. 103/2006 dated 26.12.2006 arising out of FIR bearing No. 99 dated 09.08.2006 on the ground that the contesting parties have settled their dispute regarding which they had executed a mutual divorce deed and subsequently, the petitioner had also filed petition for grant of divorce before the court of learned Additional District Judge (Matrimonial Cases), Jammu and the court of learned Additional District Judge (Matrimonial Cases), Jammu vide judgment dated 28.07.2011 has dissolved the marriage between petitioner and respondent No. 2 by decree of divorce. It is further submitted that statement of the respondent No. 2 was also recorded before the court of learned Additional District Judge (Matrimonial Cases), Jammu in which she had admitted the claim of petitioner with regard to the grant of divorce.

(2.) Mr. Kamal Gupta, learned counsel for the petitioner vehemently submits that the respondent No. 2 has also received a sum of Rs. 3,00,000/- in total for the purpose of her claim vis-a-vis stridhan and other expenditure.

(3.) Mr. Aseem Sawhney, learned AAG has vehemently argued that the parties have not settled the dispute and as such, this is the fit case in which the petition is required to be dismissed.