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The vs .
2026 Latest Caselaw 738 J&K

Citation : 2026 Latest Caselaw 738 J&K
Judgement Date : 13 February, 2026

[Cites 2, Cited by 0]

Jammu & Kashmir High Court

The vs . on 13 February, 2026

Author: Rajnesh Oswal
Bench: Rajnesh Oswal
                                                                              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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