Jammu & Kashmir High Court
Puran Chand And Others vs Ut Of J&K And Others on 5 July, 2021
Sr. No. 276
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CRM(M) No. 245/2021
CrlM No. 666/2021
Puran Chand and others .....Appellant/Petitioner(s)
Through :- Mr. Abisheikh Wazir, Advocate
v/s
UT of J&K and others .....Respondent(s)
Through :- Mr. Aseem Sawhney, AAG for R 1 & 2
Mr. Amit Gupta, Advocate for R-3
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
JUDGMENT
The present petition has been filed by the petitioners for quashing
the proceedings arising out of the challan bearing No. 65/2021, titled, Union
Territory of Jammu and Kashmir vs. Mohit Choudhary and others, arising out
of FIR bearing N. 35 dated 23.01.2021 registered with Police Station, Domana
at the behest of respondent No. 2 for commission of offence under sections
406, 497, 427, 498-A 504, 506/34 IPC primarily on the ground that the parties
have settled their dispute during the investigation and this fact was brought to
the knowledge of Investigating Officer.
It is contended in the petition that petitioner No. 4 and respondent
No. 3 have also filed petition under section 13 (B) of the Hindu Marriage Act
from grant of divorce by mutual consent. The petitioners have also placed on
record copy of the challan, certified copy of mutual divorce petition alongwith
the respective statements of petitioner No. 4 and respondent No. 3. The
petitioners have also placed on record receipt by virtue of which ornaments
have been received by respondent No. 3.
Mr. Amit Gupta, Advocate has caused appearance on behalf of
respondent No. 3.
Pursuant to the direction of this Court dated 25.05.2021, the
statements of petitioner No. 4 and respondent No. 3 have been recorded by the
Registrar Judicial. The respondent No. 3 in her statement has categorically
stated that she has no objection in case this Court quashes FIR bearing No.
35/2021 dated 23.01.2021 (supra).
Mr. Aseem Sawhney, learned AAG submits that he has no
objection, in case proceedings in the challan as well as FIR in question, in view
of the amicable settlement between the parties, are quashed.
Heard and considered.
A perusal of the chargesheet reveals that offence under sections
504, 506, 427, 34 IPC are compoundable and offence under section 406 is
compoundable with the permission the Court. Only section 498-A is not
compoundable. In view of the settlement between the parties, this Court grant
permission to compound the offence under section 406 IPC, as such, the same
is also compounded.
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.
In view of the amicable settlement arrived at between the
petitioners and respondent No. 3, proceedings arising out of the challan bearing
No. 65/2021, titled, Union Territory of Jammu and Kashmir vs. Mohit
Choudhary and others, arising out of FIR bearing N0. 35 dated 23.01.2021
registered with Police Station, Domana at the behest of respondent No. 2 for
commission of offence under sections 406, 427, 498-A 504, 506/34 IPC
pending before Court of Special Mobile Magistrate (Sub-Judge) Jammu, are
quashed.
Disposed of accordingly along with connected CrlM.
(Rajnesh Oswal)
Judge
JAMMU:
05.07.2021
Karam Chand/Secy.
