S. Gurmeet Singh vs Unknown
2021 Latest Caselaw 1662 j&K

                                                                        Sr. No. 97



     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                      AT JAMMU


Case: CRM(M) No. 132 of 2020 (O&M)


S. Gurmeet Singh                                   .....Appellant/Petitioner(s)

                              Through :- Mr. Ishfaq Ahmed, Adv.

                        v.

UT of J&K and anr.                                           .....Respondent(s)


                              Through :- Mr. Aseem Sawhney, AAG for R-1
                                         Respondent No. 2 is present in
                                         person.


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

                                 ORDER

1. The present petition has been filed by the petitioner for quashing of

Challan titled State v. Gurmeet Singh and ors. for commission of

offence under Sections 325, 341, 452 & 147 IPC pending before the

Court of learned Munsiff, Jammu on the ground that the FIR was

lodged by the wife of the petitioner i.e. the respondent No. 2 and now

the marriage between the petitioner and respondent No. 2 has been

dissolved by virtue of a decree of divorce. The statement of respondent

No. 2 was ordered to be recorded vide order dated 04.12.2012 and it

was further directed that the petitioner would pay and amount of Rs.

10,000/- as travelling expenses to respondent No. 2.

2. Pursuant to order dated 04.12.2021, respondent No. 2 has made a

statement before the Registrar Judicial, Jammu that their marriage

stands dissolved vide judgment dated 08.06.2019 passed by the

Additional District Judge, (Matrimonial Cases) Jammu and she does

not want to pursue the challan titled State v. Gurmeet Singh and others

pending before the Court of learned Munsiff Jammu.

3. Learned counsel for the petitioner has produced the bank receipt

regarding deposit of Rs. 10,000/- in the account of respondent No. 2.

The same is taken on record.

4. Out of the abovementioned offences, only offences under Sections 452

and 147 RPC are non-compoundable, but nonetheless the dispute was

between the husband and wife because of marital discord and the

dispute stands settled.

5. Law is well settled that if the parties have settled their dispute arising

out of marital discord amicably, then the criminal proceedings whether

arising out of private complaint or out of FIR for commission of non-

compoundable offences can be quashed. Reliance in this regard can be

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.

6. In view of the amicable settlement arrived at between the petitioner and

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

Gurmeet Singh and others pending before the court of learned Munsiff,

Jammu for commission of offence under Sections 325, 341, 452, 147

RPC are quashed.

7. The present petition is, accordingly, disposed of.

(RAJNESH OSWAL) JUDGE JAMMU 10.12.2021 Paramjeet

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