Sandeep Gupta And Others vs Union Territory Of J&K And Another
2021 Latest Caselaw 1661 j&K

                                                                         Sr. No. 77

    HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT JAMMU
                                                          CRM(M) No. 517/2021


Sandeep Gupta and others                           .....Appellant(s)/Petitioner(s)
                       Through: Mr. Ashok Kumar Beotra, Advocate
                  vs
Union Territory of J&K and another                            ..... Respondent(s)
                       Through: Mr. Aseem Sawhney, AAG for No. 1
                                Mr. R. K. Jain, Sr. Advocate with
                                Mr. Pranav Jain, Advocate for No. 2


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

The present petition has been filed by the petitioners for quashing the

charge sheet, titled, State vs Sandeep Gupta and others pending before the court of

learned Judicial Magistrate 1st Class (Municipal Magistrate) Jammu for

commission of offences under sections 498-A, 504 and 506 RPC. The respondent

No. 2 was the wife of petitioner No. 1 and the petition has been filed on the

ground that the petitioners and respondent No. 2 have settled the dispute and

pursuant to that petitioner No. 1 and respondent No. 2 had filed the petition for

grant of decree by mutual consent.

Petitioner No. 1 and respondent No. 2 are present and they are

identified by their respective counsels.

During the course of hearing, Mr. R. K. Jain, learned senior counsel

for the respondents submits that even the marriage of petitioner No. 1 and

respondent No. 2 stands dissolved by decree and judgment passed by the

Additional Principal Judge Family Court, Jammu dated 04.12.2021, which is

taken on record. The respondent No. 2 submitted that she has no objection if the

charge sheet pending before the trial court is quashed.

Law is well settled that if the parties have settled their dispute

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.

In view of the amicable settlement arrived at between the petitioners

and respondent No. 2, criminal proceedings in challan titled State vs Sandeep

Gupta and others pending before the court of learned Judicial Magistrate 1 st Class

(Municipal Magistrate) Jammu for commission of offences under sections 498-A,

504 and 506 RPC are quashed.

The present petition is, accordingly, disposed of along with

connected application.

(RAJNESH OSWAL) JUDGE

Jammu 10.12.2021 Rakesh Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No