Tamandeep Singh And Others vs Union Territory Of J&K Through Sho ...
2021 Latest Caselaw 721 j&K

                                                                        Sr. No. 267



               HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU

                                                  CRM(M) No. 366/2021


Tamandeep Singh and Others                                          .....Petitioner(s)


                                Through :- Ms. Mandeep Reen and
                                           Mr. Supreet Singh Johal, Advocates.

                          v/s

Union Territory of J&K through SHO Police                         .....Respondent(s)
Station, Satwari, Jammu

                                Through :- Mr. Aseem Sawhney, AAG.

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

                                   ORDER

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

the criminal proceedings arising out of FIR bearing No. 148/2018 registered

with Police Station, Satwari, Jammu for the commission of offence under

sections 498-A, 504, 109, 323, 506 RPC and the consequential charge-sheet.

Simultaneously, the petitioners have also filed the present petition for quashing

FIR No.156/2019 dated 02.08.2019 for commission of offence under Section

406/34 RPC.

2. It is contended in the petition that out of the marital discord, the

petitioner No.2 had lodged both the FIRs, however, the petitioner Nos. 1 and 2

had mutually agreed to dissolve their marriage and in pursuance thereof, the

petitioner Nos.1 and 2 have filed petition under section 13 (B) of the Hindu

Marriage Act in which first statement of the parties have been recorded. It is

further contended that the petitioner Nos. 1 and 2 have entered into an

agreement dated 05.04.2021 and as per that agreement, the petitioner Nos. 1

and 2 have mutually agreed to file a joint petition to quash FIR Nos. 148/2018

and 156/2019. In pursuance of FIR No.148/2018, the challan has been filed and

the same is subjudice before the Court of learned Munsiff, Jammu.

3. The petitioner Nos. 1 and 2 are present in the Court and they have

been identified by their respective counsel i.e., Ms. Mandeep Reen and

Mr. Supreet Singh Johal respectively.

4. Both the petitioners have stated that they have settled their dispute

and the petitioner No.2 has stated that she has no objection in the event the

proceedings arising out of both the FIRs are quashed.

5. Mr. Aseem Sawhney, learned AAG submits that he is not averse

to the quashing of the proceedings in the event the parties have settled their

dispute.

6. I have heard learned counsel for the parties, considered their

submissions and perused the contents of the petition.

7. So far as the FIR No.148/2018 is concerned, the only offence

which is not compoundable is 498-A and all other offences are compoundable

and so far as the offence 406 arising out of FIR No.156/2019 is concerned, the

same is compoundable with the permission of the Court.

8. 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.

9. In view of the amicable settlement arrived at between the

petitioners Nos.1 and 2, proceedings arising out of both the FIRs bearing Nos.

148/2018 and 156/2019 registered with Police Station, Satwari, are quashed.

10. Disposed of accordingly.

11 Registry is directed to send a copy of this order to learned trial

Court as well as Station House Officer, Police Station, Satwari.

(Rajnesh Oswal) Judge JAMMU:

14.07.2021 Surinder

SURINDER KUMAR 2021.07.16 12:39 I attest to the accuracy and integrity of this document