Judgment :

Sanjay Dhar, J.

1. The instant petition came to be filed by the petitioners seeking quashment of FIR No. 09/2017 dated 01.03.2017 for offences under Sections 498-A/406/109 RPC registered with Police Station, Women Cell, Gandhi Nagar, Jammu together with the challan pending disposal before the Court of learned Judicial Magistrate 1st Class (City Judge), Jammu and the consequent proceedings initiated thereon by the learned Magistrate, on the basis of compromise arrived at between the parties.

2. It is the case of the petitioners that petitioner No. 1 and petitioner No.2 are legally wedded couple, whereas, petitioners No. 3 & 4 happen to be the parents of petitioner No.2, petitioner No.5 happens to be the brother of petitioner No.2, petitioners No.6 and 7 happens to be the maternal grandfather and grandmother of petitioner No.2 and petitioner No.8 happens to be the maternal uncle of petitioner No.2. According to the petitioners, after the solemnization of their marriage, relations between them got strained. This led to their separation giving rise to filing of a complaint under Section 12 of the Protection of Woman from Domestic Violence Act before the Court of learned JMIC/ City Judge, Jammu. During the pendency of the said complaint, petitioner No.1 also lodged FIR No. 09/2017 with the Police Station, Women Cell, Jammu against the other petitioners which led to the filing of the challan before the trial Court.

3. I have heard learned counsel for the parties and perused the record.

4. It appears that, during the pendency of aforesaid litigation, good sense prevailed upon the parties and they settled their disputes. In this direction, they filed a petition for grant of divorce by mutual consent before the Court of learned Additional District Judge (Matrimonial Cases), Jammu. It is pertinent to mention here that during the pendency of said petition, a compromise deed had also been executed between the parties on 24.11.2020, copy whereof has been placed on record by the petitioners. As per the terms of the said compromise deed, it has been agreed by both the parties that they will not file any litigation in future against each other and that they have amicably decided not to pursue the criminal cases filed against each other in Police Stations/Courts concerned which included the impugned FIR.

5. It appears that the learned Additional District Judge (Matrimonial Cases), Jammu, after recording the statements of the parties wherein the parties have stated that there is nothing outstanding against each other, dissolved the marriage of petitioners Nos.1 and 2 by passing a decree of divorce by mutual consent under Section 13-B of the Hindu Marriage Act. It is submitted that in view of the compromise arrived at between the parties and the mutual divorce between the parties, complaint under Section 12 of Protection of Woman from Domestic Violence Act pending disposal before the Court of learned JMIC/City Judge, Jammu has also been dismissed as withdrawn vide order dated 09.01.2021.

6. This Court, vide order dated 17.02.2021, directed the parties to appear before the Registrar Judicial of this Court for recording their statements in support of the compromise arrived at between them, whereafter their statements were recorded by the learned Registrar Judicial wherein petitioners Nos.1 and 2 have stated that they have entered into a compromise and have amicably settled all their disputes and issues.

7. Referring to the aforesaid settlement, it is submitted by the petitioners that all the disputes and differences have been settled between the parties and they have decided to withdraw all the criminal / civil cases filed by them against each other. It is further submitted that in view of the compromise arrived at between the parties, continuation of the proceedings of subject FIR will be an abuse of process of law, as no fruitful purpose would be served in keeping the matter pending.

8. In the backdrop of aforesaid facts, the question a