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2019 Supreme(J&K) 541
IN THE HIGH COURT OF JAMMU AND KASHMIR AT JAMMU
Dhiraj Singh Thakur, J.
Rameshwar Dutt & Ors. – Petitioners
Versus
State of J&K & Ors. – Respondents
CRMC No. 753 of 2018 & IA No. 1 of 2018
Decided On : 29-07-2019
Advocate Appeared:
For the Petitioner: Asheesh Singh Kotwal
For the Respondent: A.A. Khan
The central legal point established is that a compromise between the parties and the respondents' desire not to pursue proceedings can justify the quashing of FIR and challan.
Headnote:
Quashing - Compromise - Legal Provisions
Fact of the Case:
The petitioners filed a petition to quash FIR and challan pending before the Court, based on a compromise reached with the respondents who were close relatives.
Finding of the Court:
The Court found that the compromise between the parties and the desire of the respondents not to pursue the proceedings justified quashing the FIR and the challan.
Issues: The main issue was whether the compromise between the parties and the respondents' desire not to pursue the proceedings warranted quashing of the FIR and the challan.
Ratio Decidendi: The Court relied on the judgments of the Apex Court in cases titled 'Jitendra Raghuvanshi & Ors. Vs. Babita Raghuvanshi & Anr.' and 'Central Bureau of Investigation Vs. Sadhu Ram Singla & Ors.' to support its decision to quash the proceedings based on the compromise and the respondents' desire.
Final Decision: The petition was allowed, and the proceedings against the petitioners in the FIR and the challan were quashed.
JUDGMENT :
1. This is a petition filed under Section 561-A of the Code of Criminal Procedure for quashing FIR No. 81 of 2012 as also challan bearing No. 53 of 2013, dated 10.07.2013 pending before the Court of Learned Principal Sessions Judge, Samba.
2. Briefly stated the material facts are as under:-
3. FIR No. 81/2012 was registered against the petitioners at Police Station Ghagwal, Samba on the basis of a complaint filed by Late Sh. Janak Raj, who was the husband of respondent No. 2 and father of respondent No. 4. He was also the first cousin of the petitioners. After completion of the investigation, a challan bearing No. 53 of 2013, dated 10.07.2013 under Sections 307, 452, 325, 323 of RPC and 4/25 of Arms Act was filed before the Court of Learned Principal Sessions Judge, Samba.
4. It appears that during the pendency of the trial before the court below, the parties have entered into a compromise, a copy whereof has been placed on record. According to the compromise, the petitioners as well as the respondents No. 2 & 3 have agreed to drop all the proceedings initiated pursuant to registration of FIR bearing No. 81/2012, dated 04.10.2012 under Sections 307, 341, 323 RPC and also sought the quashing of FIR bearing No. 81/2012 and the challan pending before the court below.
5. Since respondents No. 2 & 3, who are the close relatives of the petitioners, have expressed their desire not to pursue the challan bearing No. 53/2013, dated 10.07.2013 pending before the Court of Learned Principal Sessions Judge, Samba under Sections 307, 452, 325, 323 of RPC and 4/25 of Arms Act in FIR No. 81/2012 any longer, there would be no justification in permitting the continuance of the trial in question, which would in fact delay the early settlement and rehabilitation of the parties.
6. In view of the respondents No. 2 & 3 themselves desire not to pursue FIR supra and in view of the ratio of the judgments of the Apex Court in case titled "Jitendra Raghuvanshi & Ors. Vs. Babita Raghuvanshi & Anr.” (2013) 4 SCC 58 and "Central Bureau of Investigation Vs. Sadhu Ram Singla & Ors." (2017) 5 SCC 350, this petition is allowed and the proceedings against the petitioners in FIR No. 81/2012 for commission of offences under Sections 307/452/325/323 of RPC and 4/25 of Arms Act in challan titled "State of J&K & Ors. V/s Rameshwar Dutt & Ors." in File No. 25/Sessions pending before the Learned Principal Sessions Judge, Samba are hereby quashed.
7. Disposed of, accordingly, along with connected CrlM.
