Shotu Ram And Another vs Ut Of J&K And Others
2021 Latest Caselaw 1473 j&K

                                                                          Sr. No. 33



        HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                        AT JAMMU

                                                  CRM(M) No. 463/2021
                                                  CrlM No. 1502/2021
                                                  CrlM No. 1560/2021

Shotu Ram and another                                    .....Appellant/Petitioner(s)

                                Through :- Mr. Sandeep Bhat, Advocate
                                           Petitioners in person

                          v/s

UT of J&K and others                                              .....Respondent(s)

                                Through :- Mr. Vishal Bharti, Dy. AG
                                           Respondent Nos. 2 to 4 in person

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

                                    ORDER

The present petition has been filed by the petitioners under section

482 Cr.P.C for quashing the FIR No. 261 dated 12.07.2021 registered with

Police Station, Udhampur for commission of offences under sections 323, 341,

352, 354-D and 506 IPC pursuant to the orders passed by the court of District

Mobile Magistrate (Traffic), Udhampur. The FIR mentioned above was

registered at the instance of the respondent No. 3. The respondent No. 2 is the

daughter and the respondent No. 4 is the son of the respondent No. 3.

Initially, the said FIR was impugned on the various legal grounds,

however, during the pendency of the present petition, the petitioners and the

respondent Nos. 2 to 4 have entered into a compromise, regarding which a

motion has been laid for placing on record the compromise executed between

the petitioners and the respondent Nos. 2 to 4.

From the perusal of the compromise, it reveals that the dispute

between the petitioners and the respondent Nos. 2 to 4 was primarily with

regard to the some land that led to registration of FIRs between the petitioners

and the respondent Nos. 2 to 4.

Respondent No. 3 is present in this Court along with respondent

Nos. 2 and 4. They have been identified by their counsel. They have stated that

they have no objection in the event, FIR No. 261 dated 12.07.2021 for

commission of offences under sections 323, 341, 352, 354-D and 506 IPC is

quashed.

Mr. Vishal Bharti, Dy. AG submits that the appropriate orders

may be passed in the light of present facts and circumstances of the case.

From the record, it is evident that the dispute between the

contesting parties was primarily with regard to some land which led to the

lodging of FIRs against each other.

So far as, offences under sections 323, 341, 352 and 506 IPC are

concerned, the same are compoundable, however, the offence under section

354-D IPC is non compoundable. Be that as it may, since the parties have

settled their dispute, as such, the offence under section 354-D IPC can be

quashed.

Reliance is placed upon the judgment of Hon'ble the Apex Court

in case titled Shiji @ Pappu and others vs. Radhika and another reported in

2011 (10) SCC 705 in which Hon'ble the Apex Court has quashed the criminal

proceedings under Sections 354 and 394 IPC, when the parties entered into a

compromise.

In view of what has been stated above, proceedings in the FIR No.

261 dated 12.07.2021 registered with Police Station, Udhampur for

commission of offences under Sections 323, 341, 352, 354-D and 506 IPC are

quashed.

The petition stands disposed of accordingly.

(RAJNESH OSWAL) JUDGE JAMMU 16.11.2021 Neha

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