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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
JAVED IQBAL WANI, J.
Ravi Kumar and Another – Petitioners
Versus
UT of J&K and Others – Respondents
CRM (M) No. 114 of 2022
Decided On : 24-03-2022
Inherent Jurisdiction - Quashing of FIR - Sections 451, 323, 504, 506 and 34 IPC - [Section 482 Cr.P.C.] - [Sections 451, 323, 504, 506 and 34 IPC] - The court referred to the law laid down by the Apex Court in Gian Singh vs. State of Punjab and Another, 2012 (10) SCC 303 and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and Others vs. State of Gujarat and Another, 2017 (9) SCC 641 to establish the principles for quashing criminal proceedings or FIR on the ground of settlement between the offender and the victim. The court found that the dispute predominantly had a civil flavour, was private and personal in nature, and had been amicably settled and resolved outside the Court by the parties. Therefore, the court quashed the FIR and the consequent police challan/final report.
Fact of the Case:
The parties entered into a compromise and settled their disputes, leading to a petition to quash the police challan and final report pending before the Court.
Finding of the Court:
The court found that the dispute had a civil flavour, was private and personal in nature, and had been amicably settled and resolved outside the Court by the parties. Therefore, the court quashed the FIR and the consequent police challan/final report.
Issues: The main issue was whether the court should exercise its inherent jurisdiction to quash the FIR and the consequent police challan/final report on the ground of settlement between the parties.
Ratio Decidendi: The court applied the principles laid down by the Apex Court in Gian Singh vs. State of Punjab and Another, 2012 (10) SCC 303 and Parbatbhai Aahir alias Parbatbhai Bhimsinhbhai Karmur and Others vs. State of Gujarat and Another, 2017 (9) SCC 641 to determine that the dispute had a civil flavour, was private and personal in nature, and had been amicably settled and resolved outside the Court by the parties, justifying the quashing of the FIR and the consequent police challan/final report.
Final Decision: The court quashed the FIR and the consequent police challan/final report pending before the Court.
JUDGMENT :
JAVED IQBAL WANI, J.
1. Inherent jurisdiction under Section 482 Cr.P.C. (previously Section 561-A Cr.P.C.) is being invoked by the petitioners for setting aside and quashing the police challan/final report No. 129/2021 dated 22.11.2021 titled as, UT of J&K vs. Ravi Kumar and Another, pending before the Court of learned Sub-Judge/Special Mobile Magistrate (13th Finance) Jammu, arising out of FIR No. 175/2021 dated 05.11.2021, registered with Police Station, Jhajjar Kotli, Jammu under Sections 451, 323, 504, 506 and 34 IPC against the petitioners along with all proceedings arising out of the said police challan.
2. The parties are stated to have entered into a compromise and settled their disputes and differences, whereunder the impugned FIR had got registered at the instance of respondent No. 3 against the petitioners and consequently, a compromise deed is placed on record of the instant petition.
3. In view of the compromise so arrived at between the parties, the petitioner, as also the respondent No. 3 in terms of order dated 22.03.2022 were directed to appear before the Registrar Judicial for recording their statements in support of the deed of compromise. The statements of the petitioners, as also the respondent No. 3 have been recorded on 24.03.2022 by the Registrar Judicial. The same are extracted and reproduced hereunder:
Stated that due to some strained relations and misunderstanding, my brother-Sohan Lal (respondent No. 3) lodged an FIR bearing No. 175/2021 dated 05.11.2021 at Police Station, Jhajjar Kotli, Jammu against me for offences under Sections 451, 323, 504, 506 and 34 IPC. The Police Challan/Final report No. 129/2021 dated 22.11.2021 arising out of the said is pending before the Court of learned Sub-Judge/Special Mobile Magistrate (13th Finance), Jammu. During the pendency of the said challan, I amicably settled all issues, misunderstandings and disputes with my brother-Sohan Lal (respondent No. 3). The said settlement has also been reduced into writing in the form of Compromise Deed dated 17.02.2022 which is placed on the record of the file. In view of our compromise, I pray before the Hon'ble Court to quash the Police Challan/Final report No. 129/2021 dated 22.11.2021 titled UT of J&K vs. Ravi Kumar and Another pending before the Court of learned Sub-Judge/Special Mobile Magistrate (13th Finance), Jammu arising out of FIR No. 175/2021 dated 05.11.2021 registered at Police Station, Jhajjar Kotli, Jammu for offences under Sections 451, 323, 504, 506 and 34 IPC along with all proceedings arising out of the said Police challan.”
“Statement of Rakesh Kumar (petitioner No. 2): Age 38 years S/o Isher Dass R/o Chhurta, Tehsil Dansal, District Jammu on oath on 24.03.2022:
Stated that due to some strained relations and misunderstanding, my brother-Sohan Lal (respondent No. 3) lodged an FIR bearing No. 175/2021 dated 05.11.2021 at Police Station, Jhajjar Kotli, Jammu against me for offences under Sections 451, 323, 504, 506 and 34 IPC. The Police Challan/Final report No. 129/2021 dated 22.11.2021 arising out of the said is pending before the Court of learned Sub-Judge/Special Mobile Magistrate (13th Finance), Jammu. During the pendency of the said challan, I amicably settled all issues, misunderstandings and disputes with my brother-Sohan Lal (respondent No. 3). The said settlement has also been reduced into writing in the form of Compromise Deed dated 17.02.2022 which is placed on the record of the file. In view of our compromise, I pray before the Hon'ble Court to quash the Police Challan/Final report No. 129/2021 dated 22.11.2021 titled UT of J&K vs. Ravi Kumar and Another pending before the Court of learned Sub-Judge/Special Mobile Magistrate (13th Finance), Jammu arising out of FIR No. 175/2021 dated 05.11.2021 registered at Police Station, Jhajjar Kotli, Jammu for offences
The main legal point established in the judgment is the court's inherent jurisdiction to quash criminal proceedings or FIR on the ground of settlement between the offender and the victim, as guided b....
The inherent jurisdiction of the High Court under Section 482 of the Cr.P.C. allows for the quashing of FIRs when the parties have settled their disputes amicably, provided the offences do not involv....
The main legal point established in the judgment is the exercise of inherent jurisdiction under Section 482 Cr.P.C. to quash FIRs, considering the nature and gravity of the crime, the distinction bet....
The power of the High Court in quashing a criminal proceeding or FIR in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the of....
The court's decision was based on the application of the inherent jurisdiction under Section 482 Cr.P.C. and the principles laid down by the Apex Court in Gian Singh vs. State of Punjab and Another, ....
The High Court has the inherent power to quash FIRs in cases where the parties have reached a compromise, particularly in disputes of a private nature, provided that the nature of the offences does n....
The inherent jurisdiction of the High Court under Section 482 CrPC can be invoked to quash FIRs in cases where the dispute is predominantly civil and a compromise has been reached, provided the possi....
The inherent jurisdiction of the High Court under Section 482 CrPC can be exercised to quash FIRs in cases where the parties have reached a settlement, particularly in disputes with a civil nature, p....
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