Jammu & Kashmir High Court
Neha Aayush Parwani vs Ut Of J&K Th Secretary Home Deptt And Anr on 13 October, 2020
Author: Sanjay Dhar
Bench: Sanjay Dhar
Serial No. 103
ADMISSION
IN THE HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
(THROUGH VIRTUAL MODE)
CRM (M) No. 319/2020
CrlM Nos. 1162/2020 & 1163/2020
Neha Aayush Parwani Petitioner(s)
Through:- Ms. Aparjita Jamwal, Adv.
Vs.
UT of J&K TH Secretary Home Deptt and anr. Respondent(s)
Through:- None.
CORAM:-
Hon'ble Mr. Justice Sanjay Dhar, Judge.
(O R D E R) 13-10-2020 CrlM No. 1163/2020:
Instant application seeking extension of time for annexing/depositing the requisite court fee with the writ petition, in view of the grounds urged therein, is allowed., The petitioner shall deposit the requisites court fee with the Registry of this Court within a period of one week from the date of announcement of lifting of lockdown on account of Covid-19 by the Government.
CrlM disposed of.
CRM (M) NO. 319/2020:
01. Through the medium of the instant petition, petitioner has challenged FIR No. 0007/2020 dated 21.09.2020 for the offence under Section 498 A IPC registered by the Police Station, Womens Cell, Gandhi Nagar, Jammu.
02. As per the case of the petitioner, she happens to be the sister-in-law of the complainant, who is having some marital discord with the brother of the AASIF GUL 2020.10.13 03:13 I attest to the accuracy and integrity of this document 2 CRM(M) NO. 319/2020 petitioner. It is the further case of the petitioner that even before the marriage between her brother and the complainant, petitioner had already been married and has been living in Pune with her family since then. It is also contended that the petitioner has never resided with the complainant and her brother, as such there was no occasion for the petitioner to harass or inflict acts of cruelty upon the complainant as has been alleged by her in the FIR. To support her contention that she has been living separately even before the marriage between complainant and the brother of the petitioner, several documents have been placed on record.
03. Having heard the learned counsel for the petitioner and having considered the documents on record, prima facie, a case for grant of interim indulgence is made out.
04. Issue notice to the respondents. Notice be sent through Mr. Asim Sawhney, learned AAG via available mode. In the meantime, respondents shall not take any coercive action against the petitioner in connection with the investigation of the subject FIR.
05. List on 24th November, 2020.
(Sanjay Dhar) Judge JAMMU 13.10.2020 "Aasif AASIF GUL 2020.10.13 03:13 I attest to the accuracy and integrity of this document