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2023 Supreme(J&K) 99
IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
Rajnesh Oswal, J.
Gurdeep Kumar & Anr. – Petitioners
Versus
Union Territory of J&K – Respondent
CRM(M) No. 183 of 2023
Decided On : 31-03-2023
Advocate Appeared:
For the Petitioner: Muzafar Iqbal Khan
For the Respondent: P.D. Singh
The power to quash criminal proceedings for non-compoundable offences can be exercised when the parties have resolved the entire dispute amongst themselves, particularly in cases arising out of matrimonial relationships or family disputes.
Headnote:
Quashing of Charge-sheet - Marital Discord - Section 436 IPC - [Ramgopal and another V. The State of Madhya Pradesh, 2021 SCC Online 834], [State of Madhya Pradesh Vs. Laxmi Narayan, (2019) 5 SCC 688]
Fact of the Case:
The petitioners, who are husband and wife, sought to quash the charge-sheet against the husband for burning the articles of the wife and their house due to marital discord. The wife had filed a complaint leading to the charge-sheet, but later entered into a compromise with the husband.
Finding of the Court:
The court found that although the offence under Section 436 IPC is non-compoundable, the parties had amicably settled the dispute, and the continuance of the proceedings would be an abuse of process of law. The court referred to relevant judgments to support its decision.
Issues: The main issue was whether the charge-sheet for the offence under Section 436 IPC could be quashed based on the compromise between the parties due to marital discord.
Ratio Decidendi: The court relied on the judgments in 'Ramgopal and another V. The State of Madhya Pradesh' and 'State of Madhya Pradesh Vs. Laxmi Narayan' to establish that the power to quash criminal proceedings for non-compoundable offences can be exercised when the parties have resolved the entire dispute amongst themselves, particularly in cases arising out of matrimonial relationships or family disputes.
Final Decision: The charge-sheet for the offence under Section 436 IPC was quashed, and the petitioner No. 1 was ordered to be released from custody.
JUDGMENT :
1. The present petition has been filed by the complainant and the accused who happen to be the wife and the husband respectively, for quashing the charge-sheet bearing No. 151/2022 arising out of FIR No. 182/2022 for commission of offence under Section 436 IPC registered with Police Station, R.S. Pura, which is subjudice before the court of learned 3rd Additional Sessions Judge, Jammu.
2. It is stated that the above mentioned FIR was registered against petitioner No. 1 at the instance of petitioner No. 2 on the basis of complaint filed by petitioner No. 2, wherein it was stated that she had solemnized marriage with petitioner No. 1 eleven years ago and they were blessed with one male and one girl child who are at present 8 and 10 years of age respectively. It was also stated that right from the very beginning petitioner No. 1 used to quarrel with petitioner No. 2 and in the year 2007, the petitioner No. 1 had burnt the house and also on 27.09.2022, when petitioner No. 2 had gone to attend a marriage in Hiranagar along with her children, in her absence, the petitioner No. 1 burnt all of her articles and other articles lying in the house. In fact, he had burnt whole of the articles of the house. The matter was investigated and after completion of the investigation, offence under Section 436 IPC was proved against petitioner No. 1 and charge-sheet was laid, which was ultimately transferred to the court of learned 3rd Additional Sessions Judge, Jammu. It is stated that the FIR has been lodged because of a marital discord between the petitioners and with the intervention of the elders and close relatives of the petitioners, the petitioners have entered into compromise voluntarily to lead a peaceful family life. In this regard, the petitioners have placed on record the compromise deed executed between them.
3. In view of the above, the petitioners have prayed for the quashing of the charge-sheet pending before the court of learned 3rd Additional Sessions Judge, Jammu.
4. Mr. Muzaffar Iqbal Khan, learned counsel for the petitioners submitted that the FIR was the outcome of the marital discord between the petitioners and as the petitioners have resolved their dispute amicably, the continuance of the proceedings would be nothing but a sheer abuse of process of law. He further submitted that the petitioner No. 1 is in custody and at present he is lodged in District Jail, Jammu in respect of the above mentioned FIR. He further submits that as the petitioners have resolved their dispute amicably, so the FIR and the consequent challan be quashed and the petitioner No. 1 be ordered to be released from the custody. He has placed reliance upon judgment of the Hon'ble Apex Court in case titled "Ramgopal and another V. The State of Madhya Pradesh" reported in 2021 SCC Online 834.
5. Mr. P.D. Singh, learned counsel for the respondent vehemently argued that the offence under Section 436 IPC is non-compoundable and heinous in nature, therefore, charge-sheet cannot be quashed only on the basis of compromise arrived at between the petitioners.
6. Heard and perused the record.
7. A perusal of the chargesheet reveals that the allegations levelled against petitioner No. 1 are that he burnt the articles of petitioner No. 2 and also other household articles. Both the petitioners are husband and wife. The statement of petitioner No. 2/complainant i.e. wife of petitioner No. 1 has been recorded before Registrar Judicial of this court, wherein she has admitted about the execution of compromise deed dated 06.02.2023 and she has further stated that she has no objection in case this Court quashes FIR No. 182/2022 dated 28.09.2022 registered with Police Station, R. S. Pura and also the consequent challan, pending before the court of learned 3rd Additional Sessions Judge, Jammu.
8. The petitioners admittedly are husband and wife and they are blessed with two children and it appears that because of a marital discord the petitioner No. 1 had burnt articles of n
