Shivani Sharma And Others vs U.T. Of J&K And Others
2021 Latest Caselaw 882 j&K

                                                                        Sr. No. 292



      HIGH COURT OF JAMMU AND KASHMIR AND LADAKH
                       AT JAMMU

                                                 CRM(M) No. 287/2021
                                                 CrlM No. 813/2021

Shivani Sharma and others                                           .....Petitioner(s)

                                Through :- Mr. Manpreet Singh Saini, Advocate

                          v/s
U.T. of J&K and others                                            .....Respondent(s)


                                Through :- Mr. Aseem Sawhney, AAG

Coram:       HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

                                   ORDER

1. The present petition has been filed by the petitioners under section

482 Cr.P.C for quashing the FIR bearing No. 0008/2021 dated 03.03.2021

under Section 498-A/109 IPC registered with the Police Station Women Cell,

Gandhi Nagar, Jammu at the behest of respondent No. 1, on the ground that

petitioner Nos. 1 and 2 have already entered into a compromise and

compromise deed dated 04.05.2021 executed between them is also placed on

record.

2. Pursuant to compromise deed dated 04.05.2021, the parties have

decided to dissolve their marriage through the medium of mutual Divorce

Petition in terms of Section 13-B Hindu Marriage Act. It has been agreed by

petitioner No. 1 that she will not proceed with the FIR as mentioned above and

they shall get the said FIR quashed by this Court. The petitioner Nos. 1 and 2

have also filed petition for grant to divorce before the Family Court. Petitioner

Nos. 1 and 2 are present in the court and they are identified by their counsel

Mr. Manpreet Singh Saini, Advocate. They submit that they have decided to

part their ways in future. It is further stated by petitioner No. 2 that a sum of

Rs. 10,00,000/- stands deposited by him in the Family Court, Jammu. Both the

petitioner Nos. 1 & 2 made a submission that the present FIR be quashed.

3. Mr. Aseem Sawhney, learned AAG for the respondents submits

that in the event the parties have settled the dispute, the appropriate order may

be passed.

4. Heard and perused the record.

5. From the record, it is evident that the parties have settled their

dispute amicably and the FIR bearing No. 0008/2021 under Section 498-A/109

IPC has been lodged due to marital discord between petitioner Nos. 1 and 2. As

the parties have settled their dispute amicably, so the continuance of the

investigation in FIR as mentioned above, shall be an exercise in futility.

6. Law is well settled that if the parties have settled their disputes

amicably, then the criminal proceedings whether arising out of private

complaint or out of FIR for commission of offences under sections 498-A can

be quashed, notwithstanding the fact that the section 498-A RPC is non-

compoundable. Reliance is placed upon a judgment of the Apex Court in case,

titled, Jatinder Raghuvanshi and ors. v Babita Raghuvanshi and anr. 2013

(4) SCC 58, in which it has been held that even if, the offences are non

compoundable, if they are relate to matrimonial disputes and the Court is

satisfied that the parties have settled the dispute amicably and without any

pressure, then section 320 of the Code would not be a bar to the exercising of

power of quashing of FIR, complaint or the subsequent criminal proceedings.

7. In view of the amicable settlement arrived at between the

petitioner Nos. 1 and 2, the proceedings arising out of FIR bearing No.

0008/2021 dated 03.03.2021 under Section 498-A/109 IPC, registered with the

Police Station Women Cell, Gandhi Nagar, Jammu at the behest of respondent

No. 1, are quashed.

8. Disposed of along with connected CrlM.

(Rajnesh Oswal) Judge JAMMU 13.08.2021 Shivalee

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

SHIVALEE KHAJURIA 2021.08.16 13:28 I attest to the accuracy and integrity of this document