MEENAKSHI BALGOTRA Vs. UT OF J&K

JUDGEMENT

(1.) Through the medium of instant petition filed under Sec. 482 of the Code of Criminal Procedure, petitioner seek quashing of proceedings pending in the Court of learned Special Mobile Magistrate Electricity, Jammu in case titled U.T of J&K vs Jaipaul and Ors.

(2.) It has been stated in the petition that the marriage between petitioner and respondent No.2 was solemnized on 20/10/2011 according to Hindu Rites and Customs at Jammu. From the very beginning of the marriage, respondent No.2 along with his family members started treating the petitioner with cruelty in order to get his demands of dowry in the shape of Alto Car, AC, Golden ornaments fulfilled but her parents being poor could not meet their demands, respondent No.2 and his family members used to beat her on number of occasions and was also thrown out of house. Both petitioner and respondent No. 2 ever since their marriage did not pull on together being of different ideas, habits, tastes and thoughts and so being completely of different temperaments and nature did not and could never adjust themselves and there is no chance of reconciliation between them in future. It is also stated that civil as well as criminal cases filed by them against each other are pending between the parties in different courts at Jammu.

(3.) It has further been stated that the petitioner had filed a petition under Sec. 13 of J&K Hindu Marriage Act for dissolution of marriage between the petitioner and respondent No.2, but later on a compromise was reached between the parties with their common consent and mutual understanding, the petitioner withdrew the divorce petition, where they had also furnished their statements by way of affidavits to the effect that they shall withdraw all the cases filed by them against each other from all the Courts.