Raman Malhotra & Ors vs Ut Of J&K & Anr on 24 November, 2022

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Jammu & Kashmir High Court

Raman Malhotra & Ors vs Ut Of J&K & Anr on 24 November, 2022

1. Through the medium of both the petitions filed under Section 482 of the Code of Criminal Procedure, petitioners seek (i) quashing of FIR No. 20/2019 dated 14.10.2019 for the commission of offences punishable under sections 498-A RPC, registered with Police Station Women Cell, Gandhi Nagar, Jammu and (ii) quashing order dated 28.09.2019 passed in the complaint titled "Neelam Malhotra vs Raman Malhotra & Ors." by learned Judicial Magistrate 1st Class (Sub-Judge), Jammu.

2. It has been stated in the petition that the petitioners are aggrieved of FIR No. 20/2019 registered by respondent No.1-Police Station Women Cell, Gandhi Nagar, Jammu for commission of offence under Section 498-A RPC and the order dated 28.09.2019 passed by learned JMIC (Sub-Judge), Jammu directing respondent No.1 to register FIR under relevant provisions of law after proceeding under section 202 of Cr.P.C in the complaint impugned filed by respondent No.2 against the petitioners, being without jurisdiction, against settled provisions of law. It is further stated that the marriage between petitioner No.1 and respondent No.2 was solemnized as per Hindu Rites and Customs on 27.04.2009 at Jammu and it was a simple dowry less affair. At the time of solemnization of said 2 CRM(M) Nos. 693/2019 & 671/2022 marriage the petitioner No.1 was widower and respondent No.2 was divorcee, petitioner Nos. 2 and 3 are son and daughter born out of wedlock of petitioner No.1 and Smt. Rita Rani Kakkar, first wife of petitioner No.1 and biological mother of petitioner Nos. 2 & 3, who unfortunately died on 22.08.2005, respondent No.2 was a divorcee and had already taken alimony from her first husband, the relationship between petitioner No.1 and respondent No.2 remain cordial for few months, thereafter respondent No.2 started harassing and torturing petitioner No.1 on one pretext or other forcing the petitioner to live separately from the joint family. It is further stated that petitioner No.1 shifted to a separate house at Lakkar Mandi, although with petitioner Nos. 2 and 3 against the wishes of respondent No.2 with a hope that better sense will prevail over respondent No.2 and she will adjust with petitioner No.1 and his children from first wife. However, this effort of petitioner no.1 not yielded desired results and behavior of respondent No.2 started getting bad to worse with petitioners and fight over trivial household issues became more frequent without any reason and went up to the extent of physically beating of petitioner Nos. 2 and 3, forced with the situation, petitioner No.1 filed petition under Section 13 of Hindu Marriage Act before the Court of learned Additional District Judge (Matrimonial Cases), Jammu. It is further stated that respondent No.2 retaliated with a petition under Section 488 Cr.P.C and another petition under Section 12 of Jammu and Kashmir Protection of Women from Domestic Violence Act, 2010 on 22.10.2018. In petition u/s 488 Cr.P.C an interim maintenance of Rs.7000/- has already been awarded to respondent No.2, however, this order of learned JMIC (Sub Judge) Jammu is a subject matter of challenge in the revision petition filed by petitioner No.1, petition u/s 488 Cr.P.C, Section 12 of J&K Protection of Women from Domestic Violence Act, 210 and the revision petition filed by petitioner No.1(supra) are pending and are being contested by the parties; that during pendency of the said challan, petitioners and respondent No.2 reached into amicable outside court settlement and a affidavit has also been filed by respondent No.2 in this regard, the same was duly registered before Notary, wherein they have decided to close cases against each other.

3 CRM(M) Nos. 693/2019 & 671/2022

3. Parties have annexed with the petition (CRM(M) No. 671/2022) an affidavit dated 13.07.2022 duly attested and registered by the Notary Public stating therein that both the parties have decided to close cases against each other.

4. Both the petitions are supported by affidavits of the petitioner No.1.

5. Pursuant to the order dated 18.10.2022, the Registrar Judicial has recorded the statements of the parties. The same are placed on record, which read as under:-

Statement of Raman Malhotra (petitioner No.1 in CRM(M) No. 671/2022 and CRM(M) No. 693/2019); Age; 64 years; S/o Late Sh. Hari Krishan; R/o 340, Lakkar Mandi, Janipur, Jammu on oath today i.e 02.11.2022;

Stated, that I have amicably resolved all disputes and issues with Neelam Malhotra (respondent No. 2 in CRM (M) No. 671/2022 & CRM(M) No. 693/2019) out of Court. I have also dissolved marriage with Neelam Malhotra. In view of our amicable settlement, I pray before the Hon'ble Court to quash FIR No. 20/2019, charge-sheet filed thereon and order dated 09.10.2021 passed by learned Sub-Judge, Electricity Magistrate, Jammu whereby charges have been framed; and complaint filed by respondent No.2 titled "Neelam Malhotra v/s Raman Malhotra and others" being file No. 33/complaint instituted on 15.02.2018. Statement of Amit Malhotra (petitioner No.2 in CRM(M) No. 671/2022 and CRM(M) No. 693/2019); Age; 29 years; S/o Raman Malhotra R/o 340, Lakkar Mandi, Janipur, Jammu on oath today i.e 02.11.2022;

Stated, that I have amicably resolved all disputes and issues with Neelam Malhotra (respondent No.2 in CRM(M) No. 671/2022 and CRM(M) No. 693/2019) out of Court. In view of our amicable settlement, I pray before the Hon'ble Court to quash FIR No. 20/2019, charge-sheet filed thereon and order dated 09.10.2021 passed by learned Sub-Judge, Electricity Magistrate, Jammu whereby charges have been framed; and complaint filed by respondent No.2 titled "Neelam Malhotra v/s Raman Malhotra and others" being file No. 33/complaint instituted on 15.02.2018.

Statement of Anjali Malhotra (petitioner No.3 in CRM(M) No. 671/2022 and CRM(M) No. 693/2019); Age; 31 years; D/o Raman Malhotra R/o 340, Lakkar Mandi, Janipur, Jammu on oath today i.e 02.11.2022;

Stated, that I have amicably resolved all disputes and issues with Neelam Malhotra (respondent No.2 in CRM(M) No. 671/2022 and CRM(M) No. 693/2019) out of Court. In view of our amicable settlement, I pray before the Hon'ble Court to quash FIR No. 20/2019, charge-sheet filed thereon and order dated 09.10.2021 passed by learned Sub-Judge, Electricity Magistrate, Jammu whereby charges have been framed; and complaint filed by respondent No.2 titled "Neelam Malhotra v/s Raman Malhotra and others" being file No. 33/complaint instituted on 15.02.2018.

4 CRM(M) Nos. 693/2019 & 671/2022

Statement of Neelam Malhotra (respondent No.2 in CRM(M) No. 671/2022 and CRM(M) No. 693/2019); Age; 54 years; W/o Raman Malhotra R/o H.No. 201,Sector-4,Channi Himmat, Jammu on oath today i.e 02.11.2022;

Stated, that I have amicably resolved all disputes and issues with Raman Malhotra, Amit Malhotra and Anjali Malhotra (petitioner Nos. 1 to 3in CRM(M) No. 671/2022 and CRM(M) No. 693/2019) out of Court. I have also dissolved marriage with Raman Malhotra. Further, I have no grievance against any of the petitioners. In view of our amicable settlement, I have no objection in case Hon'ble Court quashes FIR No. 20/2019, charge-sheet filed thereon and order dated 09.10.2021 passed by learned Sub-Judge, Electricity Magistrate, Jammu whereby charges have been framed; and complaint filed by respondent No.2 titled "Neelam Malhotra v/s Raman Malhotra and others"

being file No. 33/complaint instituted on 15.02.2018.

6. Bare perusal of the statements of petitioner Nos. 1 to 3 and respondent No. 2 placed on record demonstrate that the parties have entered into a compromise whereby they have settled their disputes/issues, so there would be no chance of conviction in near future in case trial is held and concluded.

7. In view of the above, both the petitions stand allowed.

8. Consequently, FIR No. 20/2019 dated 14.10.2019, registered with Police Station Women Cell, Gandhi Nagar, Jammu for the commission of offence punishable under section 498-A IPC along with order dated 09.10.2021 passed by learned Sub-Judge, Electricity Magistrate, Jammu whereby charges have been framed against the petitioners and the complaint filed by respondent No.2 titled "Neelam Malhotra v/s Raman Malhotra and others" are quashed in view of compromise arrived at between the parties.

9. Copy of this order be sent to Court below for compliance.

(Mohan Lal) Judge Jammu:

24.11.2022 Vijay Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

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Jammu & Kashmir High Court