RINKASH SINGH RAKWAL Vs. STATE AND ANOTHER

JUDGEMENT

(1.) Through the medium of instant petition filed under Section 561-A Cr.P.C., petitioner seeks quashing of Challan bearing No.08/Challan dated 14.05.2011 produced by the Police Station Women Cell, Jammu, in FIR No.54/2010 dated 03.12.2010, pending before the Court of Special Municipal Mobile Magistrate, Jammu.

(2.) It has been stated in the petition that the marriage between petitioner and respondent No.2 was solemnized on 20.10.2009 according to Hindu Rites and Customs at Talab Tillo, Jammu and out of the said wedlock no issue was born. Both petitioner and respondent No.2 are living separately from each other since 2010 due to differences between them. 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 both petitioner and respondent No.2 had filed a joint petition under Section 15 of J&K Hindu Marriage Act in the Court of learned Additional District Judge (Matrimonial Court) Jammu, for a decree of divorce by mutual consent, 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 and make statements before the Courts for the disposal of the cases as compromised. Copies of the statements so filed by way of affidavits dated 15.09.2018 are placed on record as annexure-C. The said petition filed under Section 15 came to be disposed of by the learned Additional District Judge vide order dated 18.09.2018 whereby the marriage between the petitioner and respondent No.2 was dissolved with mutual consent.