Shakti Khajuria vs Union Territory Of J&K And Others
2021 Latest Caselaw 1342 j&K

                                                                        Sr. No. 111




     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU
                                                      CRM(M) No. 427/2021


Shakti Khajuria                                  .....Appellant(s)/Petitioner(s)


                       Through: Mr. Anil Khajuria, Advocate
                  Vs
Union Territory of J&K and others                          ..... Respondent(s)


                       Through: Mr. Aseem Sawhney, AAG for Nos. 1 and 2
                                Mr. S. C. Sharma, Advocate for No. 3

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

                                    ORDER

The present petiton has been filed by the petitioner under section 482

Cr.P.C. for quashing the charge-sheet/challan, titled, State of J&K vs Shakti

Khajuria and others for commission of offences under sections 498-A, 109, 34 and

406 RPC pending before the Sub Judge/Special Mobile Magistrate, Kathua arising

out of FIR bearing No. 213/2013 dated 15.06.2013 registered with Police Station,

Kathua at the behest of respondent No. 3 on the ground that the said FIR is lodged

because of marital discord between the parties, i.e. petitioner and the respondent

No. 3 and now they settled their dispute and pursuant to which the parties have

placed on record a copy of compromise deed dated 27.07.2021 in which it has been

agreed that the respondent No. 3 will withdraw the criminal case under FIR (supra)

regarding which charge-sheet is pending before the Special Mobile Magistrate,

Kathua and the petitioners has also placed on record the certified copy of the

divorced petition filed under section 13-B of the Hindu Marriage Act.

The parties i.e. petitioner No. 1 and the respondent No. 3 along with

their respective counsels, are present in the Court and they are identified by their

respective counsels, Anil Khajuria and S. C. Sharma respectively and both the

parties have submitted that they amicably settled the dispute and even the decree of

divorce has also been obtained by mutual consent and respondent No. 3 who is

present has stated that she has no objection in the event the proceedings pending

before the court below are quashed.

Mr. Aseem Sawhney, learned AAG submits that the appropriate

orders may be passed in view of the settlement arrived at between the parties.

The offence under sections 498-A and 406 RPC are non

compoundable offences, however, when the parties have settled their marital

dispute amicably, this Court can quash the said offence as well. 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 non compoundable offences like under sections 498-A and 406 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. 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 above, the present petition is allowed and charge-

sheet/challan, titled, State of J&K vs Shakti Khajuria and others for commission of

offences under sections 498-A, 109, 34 and 406 RPC pending before the Sub

Judge/Special Mobile Magistrate, Kathua arising out of FIR bearing No. 213/2013

dated 15.06.2013 registered with Police Station, Kathua is quashed.

(RAJNESH OSWAL) JUDGE

Jammu 27.10.2021 Rakesh

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