Jammu & Kashmir High Court
Sanjana Katoch vs Balbir Singh Katoch & Ors on 7 July, 2026
Supplementary List-1
Serial No. 70
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRM(M) No. 680/2026
Sanjana Katoch
..... Petitioner
Through: Mr. Raman Sharma, Sr. Advocate with
Mr. Kartikay Sharma, Advocate
Mr. Manhar Mahajan, Advocate
Vs
Balbir Singh Katoch & Ors.
.....Respondents
Through:
CORAM: HON'BLE MR. JUSTICE M A CHOWDHARY, JUDGE
ORDER
(07.07.2026)
01. Petitioner, through the medium of this petition, filed under Section 528
of the Bharatiya Nagarik Suraksha Sanhita, (BNSS), 2023, seeks
quashment of the complaint titled “Balbir Singh Katoch Vs. Union
Territory & Others” filed by the respondent No. 1-Balbir Singh
Katoch, against the petitioner for the commission of offences punishable
under Sections 82(1) and 82(2) of the Bhartiya Nyaya Sanhita, (BNS),
2023, and all the consequential proceedings arising therefrom, including
an order dated 27.12.2025 passed therein by the court of learned Judicial
Magistrate, (Sub-Judge), Jammu, thereby taking the cognizance of the
said complaint and issuance of process against the petitioner.
02. Learned Senior counsel appearing for the petitioner submits that the
respondent No. 1-Balbir Singh Katoch, filed an application seeking
direction to the Incharge Police Station, Channi Himmat, Jammu to
register an FIR against the petitioner herein, for having committed
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offences punishable under Section 82(1) and (2) along with other
Sections of Bhartiya Nyaya Sanhita, (BNS), 2023, with the allegations
that the petitioner herein during the subsistence of marriage with the
complainant had contracted second marriage with respondent No. 3-
Manjinder Singh, and that she has been living with him as his wife at
Hisar in the State of Haryana; that the learned Magistrate in a haphazard
manner without taking procedural law, initially asking for the action
taken report, later treated the application as complaint vide order dated
10.10.2025, though there was no sequence of the dates of hearing as is
borne out from the minutes of the proceedings of the trial court.
03. He has further argued that the application filed against the petitioner
herein, could not have been treated as a complaint by the learned
Magistrate and that the learned Magistrate appears to have committed
irregularities while conducting the proceedings.
04. Heard.
05. On perusal of the complaint sought to be quashed, it appears that the
same had been made with a request to pass directions to the concerned
Police Station to register an FIR against the petitioner herein and one
Manjinder Singh, with whom she was alleged to have contracted second
marriage. It is strangely found that in support of the complaint, an
affidavit was also filed, though shown to have been sworn by one Sunita
Devi W/o Raj Kumar, but was signed at the places of deponent by the
complainant-Balbir Singh. The deponent was stated to have been
identified by Mr. Abrar Ashraf, Advocate and the affidavit was stated to
have been attested by an Oath Commissioner, even the proceedings
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carried out by the learned Magistrate in the complaint were also irregular
with no sequence of dates, which suggest that the learned Magistrate has
dealt with the matter in a casual and mechanical manner.
06. Furthermore, the petitioner has raised arguable points with regard to
maintainability of the complaint before the learned Magistrate, which
had been moved initially for seeking directions to the concerned Police
Station to register a case and was later converted into a complaint to be
tried by the learned Magistrate himself allegedly against the settled legal
principles.
07. Having gone through the pleadings and on hearing the submissions urged
by the learned Senior counsel for the petitioner herein, a case is made
out, warranting interference for an interim measure.
08. Notice to the respondents, returnable within four weeks. Requisites be
filed within a week’s time.
09. List on 12.08.2026.
10. Meanwhile, subject to objections and till next date of hearing before the
Bench, proceedings in the complaint titled “Balbir Singh Katoch Vs.
Union Territory & Others” pending before the court below are stayed.
(M A CHOWDHARY)
JUDGE
JAMMU
07.07.2026
SUNIL
