Shaid Nadeem And Others vs State Of J&K And Others
2021 Latest Caselaw 968 j&K

                                                                                    S. No. 66
                               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                              AT JAMMU

                                                              CRMC No. 149/2017
                                                              IA No. 1/2017
                                                              c/w
                                                              CRMC No. 123/2017
                                                              CrlM No. 581/2021
                                                              IA No. 1/2017
                                                              IA No. 2/2017

             1. Shaid Nadeem and others                              ...Appellant/Petitioner(s)
             2. Shaid Makeen and another


                                   Through :- Mr. Anil Khajuria, Advocate
                                  v/s
                                   <




        State of J&K and others                                            .....Respondent (s)
        't




                                   Through :- Mr. Raman Sharma, AAG vice
                                              Mr. Aseem Sawhney, AAG
                                              Mr. Meharban Singh, Advocate for R-2


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

                                                       ORDER

1. The present petitions have been filed by the petitioners under section

561-A Cr.P.C (now 482 Cr.P.C) for quashing the FIR bearing No. 43/2017 dated

10.02.2017 registered with Police Station, Kathua against the petitioners for

commission of offence under section 498-A RPC at the behest of respondent No. 2.

2. During the pendency of the present petitions, the complainant-

respondent No. 2 has entered into a compromise with her husband whereby marriage

stands dissolved and the said factum has been narrated in the compromise agreement

dated 06.02.2021. It is stated in the compromise mentioned above that the

complainant shall not prosecute the FIR bearing No. 43/2017 registered with Police

Station, Kathua.

NEHA KUMARI 2021.08.26 13:06 I attest to the accuracy and integrity of this document

CRMC No. 123/2017

3. Mr. Meharban Singh, learned counsel appearing for respondent No. 2

has also admitted that the contesting parties have settled the dispute amicably and he

has instructions to admit the fact of compromise arrived at between the parties before

this Court. His statement is taken on record.

4. Mr. Raman Sharma, learned AAG has no objection in the event, parties

have settled their dispute amicably.

5. Heard and perused the record.

6. A perusal of compromise deed reveals that the complainant-respondent

No. 2 and her husband have settled their dispute amicably and their marriage has

been dissolved. As such, no fruitful purpose shall be served in the event, proceedings

arising out of FIR are allowed to be continued.

7. 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 RPC 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. reported in 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.

8. In view of the amicable settlement arrived at between the complainant-

respondent No. 2 and her husband, criminal proceedings in FIR bearing No. 43/2017 NEHA KUMARI 2021.08.26 13:06 I attest to the accuracy and integrity of this document

CRMC No. 123/2017

dated 10.02.2017 registered with Police Station, Kathua against the petitioners for

commission of offence under section 498-A RPC are quashed.

9. The present petitions are, accordingly, disposed of along with connected

applications.

(RAJNESH OSWAL) JUDGE JAMMU 25.08.2021 Neha Whether the order is speaking: Yes Whether the order is reportable: No

NEHA KUMARI 2021.08.26 13:06 I attest to the accuracy and integrity of this document