Citation : 2026 Latest Caselaw 738 J&K
Judgement Date : 13 February, 2026
2026:JKLHC-JMU:351
Sr. No. 65
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Uploaded on : 16.02.2026
CRM(M) No. 697/2025
Manmeet Kour and others
Through: Mr. Mohd Ashraf Choudhary, Adv. vice
Mr. Sachin Gupta, Advocate
Vs.
UT of J&K
Through: Mr. P. D. Singh, Dy. AG
CORAM: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER (ORAL)
13.02.2026
1. The petitioners have invoked the jurisdiction of this Court under Section
528 of the BNSS, 2023, seeking quashing of charge sheet No. 20/2019
dated 27.1.2019, titled State of J&K vs. Amandeep Singh and others,
arising out of FIR No. 19/2019, registered with the Police Station Women
Cell, Gandhi Nagar for offences under Section 498-A &109 IPC Jammu,
at the instance of petitioner No. 1, pending before the Court of learned
Addl. 3rd Munsiff, Jammu.
2. Petitioner No. 1 and petitioner No. 2 were husband and wife, who
solemnized their marriage on 24.05.2017. Owing to their failure to
develop compatibility and mutual understanding, differences arose
between them and they started living separately. Petitioner No. 1 lodged
the aforesaid FIR. Subsequently, the parties mutually dissolved their
marriage and resolved all their disputes amicably. A compromise deed
dated 07.01.2025 has also been placed on record.
CRM(M) No. 697/2025 2026:JKLHC-JMU:351
3. The quashing of the impugned FIR is sought on the ground that the
dispute between the parties is matrimonial in nature and has been
amicably settled outside the Court. The compromise deed evidencing
settlement of marital disputes has been filed on record.
4. The statements of the petitioners were recorded before the Registrar
Judicial today itself i.e. 13.02.2026. Petitioner No. 1/complainant, in her
statement, categorically stated that all disputes arising out of FIR No.
20/2019 stand resolved between her other petitioners and that she has no
objection if the said FIR and the proceedings emanating therefrom are
quashed. Petitioner Nos. 2 to 4, in statements recorded on the same date,
also prayed for quashing of the impugned FIR and all consequential
proceedings in view of the amicable settlement.
5. Mr. Pawan Dev Singh, learned Deputy Advocate General, submitted that
in view of the amicable settlement arrived at between the parties, no
fruitful purpose would be served by permitting the criminal proceedings
to continue.
6. Heard learned counsel for the parties and perused the record.
7. It is well settled that this Court, in exercise of its inherent jurisdiction, can
quash criminal proceedings, even in respect of non-compoundable
offences, where the disputes are predominantly private in nature,
particularly those arising out of matrimonial discord, and where
continuation of the proceedings would amount to abuse of the process of
law. The underlying object is to secure the ends of justice and prevent
misuse of judicial process.
CRM(M) No. 697/2025 2026:JKLHC-JMU:351
8. A perusal of the record reveals that the dispute between the parties
emanates from matrimonial discord between petitioner No. 1 and
petitioner No. 2. The parties have settled their differences and resolved all
disputes amicably. The complainant, in her statement recorded before the
Registrar Judicial, has unequivocally stated that she has no objection to
the quashing of the FIR and the proceedings arising therefrom. No larger
public interest is involved in the matter, and the offences alleged do not
fall within the category of heinous or serious offences having grave
societal impact.
9. In view of the amicable settlement between the parties and the settled
legal position, this Court is of the considered opinion that continuation of
the criminal proceedings would be an exercise in futility and would serve
no useful purpose.
10. Accordingly, the petition is allowed. Charge sheet No. 20/2019 dated
27.01.2019, titled State of J&K vs. Amandeep Singh and others, arising
out of FIR No. 19/2019 registered under Sections 498-A and 109 IPC at
Police Station Women Cell, Gandhi Nagar, Jammu, and all proceedings
emanating therefrom pending before the Court of learned Addl. 3rd
Munsiff, Jammu, are quashed.
11. The petition stands disposed of accordingly.
(RAJNESH OSWAL) JUDGE Jammu 13 .02.2026 Karam Chand/Secy.
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
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