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Sonika Sharma & Anr vs State Through P/S Bari Brahmana & Anr

Jammu And Kashmir High Court · Decided on 20 September 2019 · Citation: (2019) 09 J&K CK 0032

HON’BLE JUDGES
Dhiraj Singh Thakur, J
ACTS & SECTIONS REFERRED
Code Of Criminal Procedure, 1898 — Section 561A · Jammu And Kashmir State Ranbir Penal Code, 1989 — Section 366
RESULT
Allowed
CASE NUMBER
Miscellaneous Criminal Cases (CRMC) No. 780 Of 2018, IA No. 1 Of 2018
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Judgment

6 paragraphs · 219 words

Dhiraj Singh Thakur, J

1.

This is a petition filed under Section 561-A Cr. PC for quashing FIR No. 0212/2018 dated 06.12.2018 registered with police Station Bari Brahmana, under Section 366 RPC. Learned counsel for the petitioners states that the FIR was got registered by the uncle of the petitioner No. 1 which is stated to be without any legal basis.

2.

It is stated that the petitioner No. 1 has married petitioner No. 2 with her own free will, volition and that the petitioners are living together as husband and wife.

3.

A copy of marriage agreement is also on record. The petitioners are present in person. The Registrar Judicial of this Court was directed to record the statement of the petitioners which has now been recorded. Averments made in the petition filed by the petitioners have been reiterated in the statement made before the Registrar Judicial.

4.

Be that as it may, on consideration of the entire record as also the statement made by the petitioner No. 1, in my opinion, proceedings in FIR No. 0212/2018, registered with Police Station Bari Brahmana, if, allowed to go ahead would be a futile exercise besides being an abuse of the process of law.

5.

In view of the above, FIR No. 0212/2018 and the proceedings taken thereupon are quashed.