MOHD. MUSHTAQ Vs. UT OF J&K

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing FIR No. 26/2020 dtd. 26/11/2020 registered by respondent No. 2 at the instance of respondent No. 3 for commission of offences under Ss. 498-A, 323 IPC on the ground that the marriage between the petitioner and respondent No. 3 was dissolved by decree of court and the petitioner had paid permanent alimony of Rs.3,50,000.00 to the respondent No. 3.

(2.) Notice was issued to respondent No. 3, which was duly received by her, but she did not appear before this Court.

(3.) Learned counsel for the petitioner has submitted that once the parties have settled the controversy, continuance of proceedings shall be nothing but an abuse of process of law. He has also produced a copy of order dtd. 27/12/2021 passed by the court of learned Sub-Judge (Special Mobile Magistrate) Udhampur, whereby the petition filed by the respondent No. 3 for grant of maintenance has been dismissed by the learned Magistrate for non-prosecution. The same is taken on record.