Darminder Singh And Others vs State Of J&K And Anr
2021 Latest Caselaw 1406 j&K

                                                                         Sr. No. 26



        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

                                                CRMC No. 342/2018

Darminder Singh and others                              .....Appellant/Petitioner(s)

                               Through :- Mr. Raghubir Singh, Advocate

                        v/s

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

                               Through :- Mr. Jamrodh Singh, GA vice
                                          Mr. Aseem Sawhney, AAG

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

                                  ORDER

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

criminal proceedings in challan titled „State vs. Darminder

Singh & others‟ pending before the court of learned Sub-

Registrar, Judicial Magistrate, Jammu against the petitioners,

arising out of FIR bearing No. 105/2014 for commission of

offences under sections 498-A and 109 RPC.

2. The present petition has been filed on the ground that the

marriage between the petitioner No. 1 and the respondent No. 2

stands dissolved by virtue of judgment and decree dated

08.02.2018 passed by the court of Additional District Judge

(Matrimonial Cases) Jammu, pursuant to the mutual divorce

petition filed by the petitioner No. 1 and the respondent No. 2.

3. Respondent No. 2 has filed the response in which factum of

filing of mutual divorce petition as well as passing of judgment

and decree has been admitted and further, it has been stated

that the respondent No. 2 has no objection in the event, the

present petition is decided in favour of the petitioners.

4. Mr. Jamrodh Singh, GA submits that the appropriate order may

be passed.

5. A perusal of the record reveals that the marriage between the

petitioner No. 1 and the respondent No. 2 stands dissolved by

virtue of judgment and decree supra and once parties have

settled their dispute amicably, the continuance of the

proceedings under section 498-A/109 RPC shall be nothing but

an abuse of process of law.

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

amicably, then the criminal proceedings whether arising out of

private complaint or out of FIR for commission of offences

under sections 498-A RPC 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. 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.

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

petitioners and respondent No. 2, criminal proceedings in

challan titled "State vs. Darminder Singh and others" pending

before the court of learned Sub-Registrar, Judicial Magistrate,

Jammu arising out of FIR bearing No. 105/2014 for

commission of offences under section 498-A/109 RPC are

quashed.

8. The present petition is, accordingly, disposed of along with

connected application.

(RAJNESH OSWAL) JUDGE JAMMU 03.11.2021 Neha

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

NEHA KUMARI 2021.11.03 15:53 I attest to the accuracy and integrity of this document