KANTA CHOUDHARY Vs. STATE OF J&K

JUDGEMENT

(1.) At the very outset learned counsel for the petitioners' states that the Petitioner No. 2, during the pendency of this petition, has died on 17th Dec., 2015, therefore, petition will survive only vis-a-vis Petitioners No. 1, 3 and 4.

(2.) Basically, Petitioner No. 4 was married to one Neetu Mahajan. Out of the wedlock, one male child was born on 5th April, 2013. Initially relation between husband and wife were cordial, later on same got strained, as a result whereof, both have been living separately. The Petitioner No. 4-husband filed a petition under Sec. 13 of the J&K Hindu Marriage Act for dissolution of marriage before the Court of Additional District Judge (Matrimonial Cases), Jammu, on 16.07.2011 whereas the wife lodged a report in Police Station, Woman Cell, Jammu, on 13.2.2013 registered as FIR No. 03/2013. Petitioners aggrieved thereof have filed the instant petition seeking quashment of the same on the ground that the complainant with the sole aim of wreaking vengeance has concocted a story when, in fact, petitioners have not committed any offence.

(3.) Now during the pendency of this petition, there has been another development i.e. Neetu Mahajan (wife) and Petitioner No. 4 (husband) have entered into a compromise based on which they have filed a petition under Sec. 15 of the Hindu Marriage Act for grant of divorce by mutual consent of the parties, before the Court of Additional District Judge (Matrimonial Cases), Jammu, copy of which has been placed on record. In para 10 of the petition, it has been stated that the parties have voluntarily and out of their free will decided to part away their matrimonial relations. It has further been resolved and decided that with the presentation of the petition, the parties undertake to withdraw all civil, criminal or cases of any nature against each other or their relatives with regard to matrimonial dispute or any other matter and if any case is filed after the grant of decree of divorce by mutual consent by the parties or against any of their relations, same shall be illegal and non-est in the eyes of law and such action would amount to breach of trust for which such party shall be liable for consequences.