Mohd Muzamil Sohil And Another vs State Of J And K
2021 Latest Caselaw 172 j&K

                                                                 Serial No. 220




              HIGH COURT OF JAMMU AND KASHMIR
                         AT JAMMU

                                                          BA No. 52/2015
                                                           IA No. 1/2015
                                                  In CRM (M) No. 65/2020
                                                       CrlM No. 144/2020


Mohd Muzamil Sohil and another                              ...Petitioner(s)

                      Through:- Ms. Garima Gupta, Advocate
                                Mr. Basit Manzoor Keng, Advocate.

                         v/s

State of J and K                                          ....Respondent(s)

                      Through:- Mr. Jamrodh Singh, GA.



Coram:      HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                     ORDER

This matter was heard in part on 12.02.2021 and counsel for the

petitioners has contended that the parties have amicably resolved their

differences out of which FIR in question had arisen.

According to the learned counsel for the petitioners, the case is

covered the judgments of the Hon'ble Apex Court reported in 2012(10) SCC

303 titled as Gian Singh Vs. State of Punjab and another and 2017(9) SCC

641 titled as Parbatbhai Aahir @ Parbatbhai Bhimsinhbhai Karmur and

others Vs. State of Gujarat and another.

Learned counsel for the respondents, Mr. Jamrodh Singh, learned GA

however, disputes the same and states that the case is covered by a judgment

of the Hon'ble Apex Court reported in 2020(3) SCC 736 titled as Arun

Singh and others Vs. State of U.P and another.

Prima facie it appears that the judgments referred to by the learned

counsel for the petitioners apply to the facts and circumstances of the case

and judgment referred to by the learned counsel for the respondent is

distinguishable.

In view of the above, the Court is of the view that the matter could be

settled in the light of law laid down by the Hon'ble Apex Court in the

judgments (supra) relied upon by the learned counsel for the petitioners,

therefore, before the matter is finally settled, it is deemed appropriate to

direct the petitioners to appear before the Registrar Judicial of this Court

along with their counsel for recording of their respective statements in

support of the compromise stated to have been executed by the petitioners

inter se qua the settlement of dispute out of which the FIR under challenge

has arisen. Petitioners shall appear before the Registrar Judicial on

02.03.2021, for recording of their respective statements as above.

Registrar Judicial to record the statements of the petitioners on

02.03.2021.

List on 05.03.2021.

(JAVED IQBAL WANI) JUDGE

Jammu 23.02.2021 Renu

RENU BALA 2021.02.26 16:56 I attest to the accuracy and integrity of this document