IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
MOHAN LAL, J.
Meenakshi Balgotra - Petitioner
Versus
UT of J&K & Anr. - Respondents
CRM(M) No. 167 Of 2022 CrlM No. 377 Of 2022
Decided On : 22-04-2022
Constitution of India, 1950 – Articles 226, 227 – Criminal Procedure Code, 1973 – Section 482 – Quashing of criminal proceedings – Dissolution of marriage – Criminal cases – Held, Hon'ble Apex Court held that while exercising inherent power of quashing, it is for High Court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in interest of justice to permit a prosecution to continue – Special features in such matrimonial matters are evident and it becomes duty of Court to encourage genuine settlement of matrimonial disputes – In view of decisions of Hon'ble Supreme Court in B.S. Joshi's case (supra) and case (supra), for encouraging genuine settlements of matrimonial disputes between parties, no useful purpose will be served in continuing criminal proceedings against petitioner No. 2 – Petition allowed.
ORDER :
1. Through the medium of instant petition filed under Section 482 of the Code of Criminal Procedure, petitioner seek quashing of proceedings pending in the Court of learned Special Mobile Magistrate Electricity, Jammu in case titled U.T of J&K vs Jaipaul & Ors.
2. It has been stated in the petition that the marriage between petitioner and respondent No.2 was solemnized on 20.10.2011 according to Hindu Rites and Customs at Jammu. From the very beginning of the marriage, respondent No.2 along with his family members started treating the petitioner with cruelty in order to get his demands of dowry in the shape of Alto Car, AC, Golden ornaments fulfilled but her parents being poor could not meet their demands, respondent No.2 and his family members used to beat her on number of occasions and was also thrown out of house. Both petitioner and respondent No. 2 ever since their marriage did not pull on together being of different ideas, habits, tastes and thoughts and so being completely of different temperaments and nature did not and could never adjust themselves and there is no chance of reconciliation between them in future. It is also stated that civil as well as criminal cases filed by them against each other are pending between the parties in different courts at Jammu.
3. It has further been stated that the petitioner had filed a petition under Section 13 of J&K Hindu Marriage Act for dissolution of marriage between the petitioner and respondent No.2, but later on a compromise was reached between the parties with their common consent and mutual understanding, the petitioner withdrew the divorce petition, where they had also furnished their statements by way of affidavits to the effect that they shall withdraw all the cases filed by them against each other from all the Courts.
4. Petitioner has annexed with the petition an affidavit of petitioner stating therein that she does not want to pursue the criminal Challan in case FIR No. 20/2012 U/Ss 498-A, 109 RPC against the respondent No.2 and his family members, pending in the Court of learned Special Mobile Magistrate, Electricity, Jammu as both the petitioner and respondent No.2 have mutually dissolved their marriage u/s 13 HM Act and nothing stands outstanding against each other.
5. The instant petition is supported by an affidavit of the petitioner.
6. Pursuant to the order dated 22.03.2022, the Registrar Judicial has recorded the statements of both the petitioner and respondent No.2. The same are placed on record, which read as under:-
Statement of Meenakshi Balgotra (petitioner), age 35 years, W/o Jaipaul, D/o N. D. Balgotra, R/o H.No. 149, Old Janipur, District Jammu on oath today i.e.05.04.2022;
Statement of Jaipaul (respondent No. 2), age 39 years, S/o Late Sh. Shiv Dayal, R/o H.No. 149, Old Janipur, Jammu on oath today i.e. 05.04.2022 :
7. Bare perusal of the statements of petitioner and respondent No.2 placed on record demonstrate that the parties have entered into a compromise whereby they have settled their differences.
8. The Apex Court in the case of “B. S. Joshi & others Vs State of Haryana and another”, reported in (2003) 4 SCC 675 while discussing the ambit and scope of inherent powers of High Courts under Section 482 CPC in paras 1,
B. S. Joshi & others Vs State of Haryana and another
Madhavrao Jiwanjirao Scindia v. Sambhajirao Chandrojirao Angre
The High Court can quash non-compoundable offences in matrimonial disputes if the parties have settled amicably, emphasizing the importance of encouraging genuine settlements.
The main legal point established in the judgment is that the inherent powers of the court under Section 482 of the Cr.P.C. can be exercised to quash criminal proceedings based on a genuine and volunt....
In the exercise of power under Section 482 and while dealing with a plea that the dispute has been settled, the High Court must have due regard to nature and gravity of offence. Heinous and serious o....
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