Maqbool Hussain And Others vs Union Territory Of J&K And Others
2021 Latest Caselaw 1403 j&K

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

                                                  Reserved on : 28.10.2021
                                                  Pronounced on : 03.11.2021

                                                        CRM (M) No. 107/2020
                                                        (O&M)

Maqbool Hussain and others                       .....Appellant(s)/Petitioner(s)


                     Through: Mr. Gaurav Sharma, Advocate
                Vs
Union Territory of J&k and others                            ..... Respondent(s)


                     Through: Mr. Bhanu Jasrotia, GA for R 1 top 3
                              Mr. Shakeel Ahmad, Advocate for R-4

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

                               JUDGMENT

1. The present petition has been filed by the petitioners under section 561-

A Cr.P.C. (now 482 Cr.P.C) for quashing the challan, titled, State vs.

Maqbool Hussain and others arising out of FIR No. 65 of 2014 dated

26.03.2014 under sections 498-A, 109 RPC registered with the Police

Station, Rajouri, pending before the Court of learned District Mobile

Magistrate, Rajouri (hereinafter to be referred to as the trial court) at

the behest of the respondent No. 4, on the ground that petitioner No. 1

and respondent No. 4 have settled their dispute amicably and

respondent No. 4 i.e. complainant has been residing with her husband

i.e. petitioner No. 1/accused No. 1 happily.

2. In support of the settlement of the dispute between the petitioner No. 1

and respondent No. 4, the petitioners have placed on record a

compromise deed dated 14.02.2020.

3. Pursuant to the directions of this Court, the statements of the petitioner

Nos. 1, 3 & 4 and respondent No. 4 i.e. complainant, have been recorded

before Registrar Judicial of this Court. The respondent No. 4 has stated

that she has entered into a compromise with petitioner No. 1 and has

been residing with him. She has further stated that she has no objection

in the event, this Court quashes the impugned challan.

4. Mr. Bhanu Jasrotia, learned GA submits that the appropriate orders as

warranted under law may be passed.

5. 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.

6. In view of the amicable settlement arrived at between the petitioner No.

1 and respondent No. 4, the proceedings in the challan, titled, State vs.

Maqbool Hussain and others, arising out of FIR No. 65 of 2014, pending

before the trial court under sections 498-A, 109 RPC, stands quashed.

7. The petition is, as such, disposed of.

(RAJNESH OSWAL) JUDGE

Jammu 03.11.2021 Sahil Padha Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No