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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT JAMMU
JAVED IQBAL WANI, J.
Pritish Mahajan and Others – Petitioners
Versus
UT of J&K and Another – Respondents
CRM (M) No. 647 of 2021
Decided On : 15-03-2022
INHERENT JURISDICTION - QUASHMENT OF FIR - Section 482 Cr.P.C., Sections 498-A, 109, 504, 506 RPC - The court discussed the inherent powers under Section 482 of the Cr.P.C. to quash FIRs, emphasizing that such powers are distinct from compounding offences under Section 320. The court highlighted that the nature of the offences, particularly those with a civil flavor, allows for quashing when a compromise is reached between the parties. The court concluded that the FIR was registered in a private dispute that had been amicably settled, thus justifying the quashing of the FIR and the related proceedings.
Fact of the Case:
The petitioners sought to quash FIR No. 05/2019, registered against them for offences under sections 498-A, 109, 504, and 506 RPC, following a compromise with the respondent. The FIR arose from matrimonial discord between the petitioner and respondent, which was resolved amicably, leading to a request for quashing the FIR and the pending challan.
Finding of the Court:
The court found that the FIR was based on a private dispute that had been settled amicably. The statements recorded from both parties confirmed the settlement, indicating that the continuation of the case would cause undue hardship to the petitioners and would not serve the interests of justice.
Issues: Whether the FIR and the subsequent proceedings should be quashed based on the compromise between the parties and the nature of the offences involved.
Ratio Decidendi: The court relied on established legal principles regarding the inherent powers of the High Court under Section 482 Cr.P.C., noting that such powers can be exercised to quash FIRs in cases where the dispute is predominantly civil in nature and has been amicably settled, provided that the nature of the offences does not involve serious public interest.
Final Decision: The court quashed FIR No. 05/2019 and the related challan, concluding that the continuation of the proceedings would be an abuse of the process of law and contrary to the interests of justice.
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 quashment of FIR No. 05/2019, dated 23.02.2019, registered with Police Station, Women Cell, Jammu by the respondent No. 1 at the instance of respondent No. 2 against the petitioners for commission of offences under sections 498-A, 109, 504 and 506 RPC and challan bearing No. 04/2019 titled as, State vs. Pritish Mahajan, pending before the Court of Electricity Magistrate (Sub-Judge), Jammu against the petitioners in lieu of amicable settlement arrived at between the parties.
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. 2 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 petitioners, as also the respondent No. 2 in terms of order dated 10.03.2022 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. 2 have been recorded on 11.03.2022 by the Registrar Judicial. The same are extracted and reproduced hereunder:
Stated that I married to Nagita Soni (respondent No. 2) according to Hindu rites and customs on 26.10.2016 at Jammu. Out of the wedlock, a male child was born on 22.07.2017. Due to some matrimonial discord between us, respondent No. 2 filed a complaint against me and my family members. The said application came to be registered as FIR No. 05/2019 for offences under sections 498-A, 109, 504 and 506 RPC at Police Station, Women Cell, Gandhi Nagar, Jammu. The said FIR culminated into impugned challan bearing No. 04/2019 titled State vs. Pritish Mahajan which is pending before the Court of Electricity Magistrate (Sub Judge), Jammu. Subsequently, I entered into a compromise with respondent No. 2 whereby I settled all disputes and issues with her and we are living happily and peacefully under one roof. A compromise agreement dated 25.11.2021 has also been executed in this regard before Notary, Jammu which is also placed on record. In view of the compromise, I pray before the Hon'ble Court to quash the FIR No. 05/2019, dated 23.02.2019 for offences under sections 498-A, 109, 504 and 506 RPC registered at Police Station, Women Cell, Jammu and challan bearing no. 04/2019 titled State vs. Pritish Mahajan” pending before the court of Learned Electricity Magistrate (Sub-Judge), Jammu.”
“Statement of Vijay Gupta (petitioner No. 2): Age 67 years; S/o Late Sh. Jagan Nath Gupta, R/o H. No. 236, Sector No. 4, Roop Nagar, Jammu on oath on 11.03.2022:
Stated that my son-Pritish Mahajan (petitioner No. 1) married to Nagita Soni (respondent No. 2) according to Hindu rites and customs on 26.10.2016 at Jammu. Out of the wedlock, a male child was born on 22.07.2017. Due to some matrimonial discord between them, respondent No. 2 filed a complaint against me and my family members. The said application came to be registered as FIR no. 05/2019 for offences under sections 498-A, 109, 504 and 506 RPC at Police Station, Women Cell, Gandhi Nagar, Jammu. The said FIR culminated into impugned challan bearing No. 04/2019 titled State vs. Pritish Mahajan which is pending before the Court of Electricity Magistrate (Sub-Judge), Jammu. Subsequently, I entered into a compromise with respondent No. 2 whereby I settled all disputes and issues with her. A compromise agreement dated 25.11.2021 has also been executed in this regard before Notary, Jammu which is also placed on record. In view of the compromise, I pray before the Hon'ble Court to quash the FIR No. 05/2019, dated 23.02.2019
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