Jammu & Kashmir High Court

Mohd. Ashraf Khan vs U. T. Of J&K And Another on 30 August, 2024

Author: Javed Iqbal Wani

Bench: Javed Iqbal Wani

                                                                                   97



     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

CRM(M) No. 687/2024

Mohd. Ashraf Khan                                 .....Appellant(s)/Petitioner(s)
                     Through: Mr. S. M. Wajahat, Adv.
                Vs
U. T. of J&K and another                                          ..... Respondent(s)
                     Through: Mr. Eishan Dadhichi, GA for No. 1


Coram: HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE

                                     ORDER

30.08.2024 ORAL:

1. The instant petition has been filed by the petitioner herein while

invoking the inherent power of this Court enshrined in section 528 of the

BNSS for quashment of FIR bearing No. 0011/2024 dated 09.02.2024

registered with Police Station, Gool as also the consequent charge sheet

bearing No. 08/2024 dated 04.04.2024 pending before the Judicial

Magistrate 1st Class, Gool for offences under sections 498-A, 504 and

506 IPC.

2. The facts giving rise to the filing of the instant petition as stated therein

are that the petitioner and respondent 2 herein got married on 09.05.2010

according to Muslims rights and rituals and in the said wedlock, three

daughters and one son had been born and that on account of certain

disputes and differences inter se the petitioner and respondent 2, a

complaint came to be lodged by the respondent 2 against the petitioner

herein which resulted into registration of aforesaid FIR for offences

under sections 498-A, 504 and 506 IPC and consequently culminated

into filing of aforesaid charge sheet against the petitioner herein.

3. Upon coming up the petition for consideration today before this Court,

the petitioner as well as respondent 2 appeared in person and stated at

bar that they have resolved their disputes and differences amicably

outside court and as such, seek disposal of the instant petition and

consequent quashment of the FIR/charge sheet in view of such amicable

settlement.

Heard learned counsel for the parties and perused the record.

4. Before proceeding to settle the instant petition finally on the basis of

statements of the parties as also the compromise claimed to have been

entered into between them, it would be advantageous and appropriate to

refer whereunder to the law laid down by the Apex Court in this regard.

5. The Apex Court in case titled as "Gian Singh vs. State of Punjab and

Another" reported in 2012 (10) SCC 303", has at paragraph 61 held as

under:-

"61. The position that emerges from the above discussion can be summarized thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victims family and the offender have settled the dispute. Such offences are not private in nature and have a serious impact on society. Similarly, any compromise between the victim and the offender in relation to the offences under special statutes like Prevention of Corruption Act or the offences committed by public servants while working in that capacity etc. cannot

provide for any basis for quashing criminal proceedings involving such offences. But the criminal cases having overwhelmingly and pre- dominatingly civil flavour stand on different footing for the purposes of quashing, particularly the offences arising from commercial, financial, mercantile, civil, partnership or such like transactions or the offences arising out of matrimony relating to dowry, etc. or the family disputes where the wrong is basical private or personal in nature and the parties have resolved their entire dispute. In this category of cases, the High Court may quash criminal proceedings if in its view, because of the compromise between the offender and the victim, the possibility of conviction is remote and bleak and continuation of criminal case would put accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal case despite full and complete settlement and compromise with the victim. In other words, the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding of continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding".

The Apex Court in case tilted as "Parbatbhai Aahir alias Parbat bhai

Bhimsin hbhai Karmur and Others v. State of Gujarat and

Another" reported in 2017 (9) SCC 641", has also observed at

paragraph 16 as under: -

"16. The broad principles which emerge from the precedents on the subject, may be summarized in the following propositions:

16.1 Section 482 preserves the inherent powers of the High Court to prevent an abuse of the process of any court or to secure the ends of justice. The provision does not confer new powers. It only recognizes and preserves powers which inhere in the High Court;

16.2 The invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non- compoundable.

16.3 In forming an opinion whether a criminal proceeding or complaint should be quashed in exercise of its jurisdiction under Section 482, the High Court must evaluate whether the ends of justice would justify the exercise of the inherent power. 16.4 While the inherent power of the High Court has a wide ambit and plenitude it has to be exercised; (i) to secure the ends of justice or

(ii) to prevent an abuse of the process of any court.

16.5 The decision as to whether a complaint or First Information Report should be quashed on the ground that the offender and

victim have settled the dispute, revolves ultimately on the facts and circumstances of each case and no exhaustive elaboration of principles can be formulated.

16.6 In the exercise of the power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to the nature and gravity of the offence. Heinous and serious offences involving mental depravity or offences such as murder, rape and dacoity cannot appropriately be quashed though the victim or the family of the victim have settled the dispute. Such offences are, truly speaking, not private in nature but have a serious impact upon society. The decision to continue with the trial in such cases is founded on the overriding element of public interest in punishing persons for serious offences.

16.7 As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned. 16.8 Criminal cases involving offences which arise from commercial, financial, mercantile, partnership or similar transactions with an essentially civil flavour may in appropriate situations fall for quashing where parties have settled the dispute. 16.9 In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice; and 16.10 There is yet an exception to the principle set out in propositions 16.8. and 16.9. above. Economic offences involving the financial and economic wellbeing of the state have implications which lie beyond the domain of a mere dispute between private disputants. The High Court would be justified in declining to quash where the offender is involved in an activity akin to a financial or economic fraud or misdemeanour. The consequences of the act complained of upon the financial or economic system will weigh in the balance."

6. Keeping in view the aforesaid propositions and principles of law laid

down by the Apex Court in the judgments (supra) and having regard to

the submissions made by the parties at bar, the instant petition is taken

up for final disposal at this stage and is disposed of owing to the fact that

the parties have amicably settled their disputes which essentially have

had civil flavour being matrimonial in nature as the continuation of the

prosecution against the petitioner in the case in essence would be abuse

of process of law.

7. Accordingly, the petition is allowed and FIR bearing No. 0011/2024 dated

09.02.2024 registered with Police Station, Gool along with charge sheet

bearing No. 08/2024 dated 04.04.2024 pending before the Judicial

Magistrate 1st Class, Gool for offences under sections 498-A, 504 and