Sourabh Beri And Another vs State Of J&K And Others
2021 Latest Caselaw 1012 j&K

                                                                                     S. No. 48
                               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                              AT JAMMU

                                                               CRMC No. 727/2018
                                                               IA No. 1/2018

        Sourabh Beri and another                                      ...Appellant/Petitioner(s)


                                   Through :- Mr. Maneesh Rampal, Advocate
                                  v/s
                                   <




        State of J&K and others                                              .....Respondent (s)
        't




                                   Through :- 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 challan titled "State vs.

Sourabh Beri and others" pending before the court of learned Sub Judge/Special

Mobile Magistrate (13th F.n.), Jammu arising out of FIR bearing No. 56 of 2016

dated 21.11.2016 registered with Police Station, Women Cell, Gandhi Nagar, Jammu

at the behest of respondent No. 3 for commission of offences under section 498-

A/109 RPC.

2. The quashing of the challan has been sought on the ground that the

petitioners and respondent No. 3 have amicably settled their marital dispute and

pursuant to that, even the marriage between the petitioner No. 1 and respondent No.

3 has been dissolved by way of decree of divorce passed by the court of learned

Additional District Judge (Matrimonial Cases), Jammu on 09.11.2018.

3. Despite notice, respondent No. 3 has not chosen to cause her

appearance.

NEHA KUMARI 2021.09.02 16:27 I attest to the accuracy and integrity of this document

4. Mr. Aseem Sawhney, AAG submits that he has no objection in the

event, parties have settled their dispute amicably.

5. Mr. Maneesh Rampal, learned counsel for the petitioners submits that

once the martial relationship of husband and wife is seized to exist between the

petitioner No. 1 and respondent No. 3 by way of decree of divorce by mutual

consent, the continuance of the proceedings of the above mentioned challan is

nothing but an abuse of process of law.

6. Heard and perused the record.

7. From the record it is evident that the marriage between the petitioner

No. 1 and respondent No. 3 stands dissolved by way of decree of divorce dated

09.11.2018 and a perusal of said judgment reveals that the petitioner No. 1 therein

and respondent No. 3 herein has specifically stated that she would not pursue the

challan for commission of offence under section 498-A/109 RPC against the

petitioner No. 1 as well as his mother and rather, she will co-operate with the

petitioner No. 1 for quashing of the same. A perusal of judgment further reveals that

the parties have amicably settled their dispute and continuance of proceedings of the

above mentioned challan shall be an exercise in futility.

8. 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 NEHA KUMARI 2021.09.02 16:27 I attest to the accuracy and integrity of this document

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

and respondent No. 3, criminal proceedings in challan titled "State vs. Sourabh Beri

and others" pending before the court of learned Sub Judge/Special Mobile Magistrate

(13th F.n.), Jammu arising out of FIR bearing No. 56 of 2016 dated 21.11.2016

registered with Police Station, Women Cell, Gandhi Nagar, Jammu at the behest of

respondent No. 3 for commission of offences under section 498-A/109 RPC are

quashed.

10. The present petition is, accordingly, disposed of along with connected

application.

(RAJNESH OSWAL) JUDGE JAMMU 02.09.2021 Neha Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No

NEHA KUMARI 2021.09.02 16:27 I attest to the accuracy and integrity of this document