Jammu & Kashmir High Court
Kanta Devi Aged 65 Years vs Poonam Sharma W/O Jugal Sharma on 7 October, 2023
Sr. No. 105
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRM(M) No. 876/2023
CrlM No. 1711/2023
1. Kanta Devi Aged 65 years ....Petitioner(s)
W/O Late Om Prakash Khajuria
R/O H.N. 28, Nangal Road, Katra
Jammu & Kashmir
2. Sunny Khajuria Aged 35 years
S/O Late Om Prakash Khajuria
R/O H.N. 28, Nangal Road, Katra
Jammu & Kashmir
3. Sonia Sharma Aged 48 years
D/O Late Om Prakash Khajuria
R/O Akhnoor, Jammu & Kashmir
4. Pooja Sharma Aged 42 years
W/O Sanjeev Sharma R/O Udhampur
R/O H.N. 28, Nangal Road, Katra
Jammu & Kashmir
Through :- Mr. Anil K Verma, Advocate
V/s
1. Poonam Sharma W/O Jugal Sharma ....Respondent(s)
R/O Ward No. 6, ARLY
C/O Smt. Sudesh Kumari Wd/O Sh. Des Raj
Arli Hansali, Near Railway Station Katra.
2. Jugal Sharma S/O Late Om Prakash Khajuria
R/O H.No. 28, Nangal Road, Katra
Jammu & Kashmir
Through :-
CORAM: HON'BLE MR. JUSTICE MA CHOWDHARY, JUDGE
ORDER
07.10.2023
1. Petitioners, through the medium of this petition under Section 482 Cr.PC, seek quashment of the complaint filed under Section 12 of the Protection of Women from Domestic Violence Act, 2005, pending before the court of learned City Judge, Jammu titled "Poonam Sharma vs. Jugal Sharma & Ors.", on the grounds, firstly that the complaint lacks territorial jurisdiction, secondly mandatory affidavit as per Rule 7 of the Domestic Violence Rules has not been 2 CRM(M) No. 876/2023 complied with, thirdly that the relatives who do not have domestic relationship have also been roped in and fourthly the general allegations have been made, without any cause of action.
2. The petitioners have just been issued a notice for appearance by the trial court and all these pleas raised by the petitioners in this petition can be taken up before the trial court on appearance of the petitioners as non-applicants before the court below.
3. In this back drop of the matter, the petition invoking inherent jurisdiction of this Court seems to be premature and does not call for indulgence of this Court at this stage. The petition along with interim application(s) is, thus, dismissed in limine, however, the petitioners shall be at liberty to move afresh in case the need arises.
(MA Chowdhary) Judge Jammu:
07.10.2023 Pawan Angotra Whether the order is speaking? : Yes/No Whether the order is reportable? : Yes/No