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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
Javed Iqbal Wani, J.
Inayat-ud-Din Rangrez & Ors. – Petitioners
Versus
UT Thr. Women's Police Station – Respondent
CRM(M) No. 262/2021
Decided On : 06-10-2021
INHERENT JURISDICTION - QUASHMENT OF FIR - Section 482 CrPC - The court discussed the inherent powers under Section 482 of the CrPC, emphasizing that these powers are distinct from the powers to compound offences under Section 320. The court highlighted that quashing of FIRs can be justified when the parties have reached a settlement, particularly in cases with a civil flavor, such as matrimonial disputes. The court referenced Supreme Court judgments that outline the conditions under which such powers may be exercised, focusing on the need to secure the ends of justice and prevent abuse of process.
Fact of the Case:
The petitioners, involved in a matrimonial dispute, sought to quash an FIR registered against them under various sections of the RPC after reaching a compromise with the complainant. The FIR stemmed from complaints made by the complainant against the petitioners, which included allegations of domestic violence and dowry-related offenses.
Finding of the Court:
The court found that the FIR was registered in the context of a civil dispute that had been resolved amicably between the parties. The court noted that the continuation of the proceedings would be oppressive given the settlement and the lack of likelihood of conviction.
Issues: Whether the FIR and subsequent proceedings should be quashed in light of the compromise reached between the parties, and whether the inherent jurisdiction of the court under Section 482 CrPC can be invoked in this case.
Ratio Decidendi: The court held that the inherent powers under Section 482 CrPC allow for quashing of FIRs when the parties have settled their disputes, especially in cases with a predominant civil character. The court emphasized that the nature of the offense and the circumstances surrounding the case are critical in determining whether to exercise this power.
Final Decision: The court allowed the petition and quashed FIR No. 21 of 2016 and the related criminal proceedings, concluding that the continuation of the case would amount to an abuse of the court's process.
JUDGMENT :
Javed Iqbal Wani, J.
1. Inherent jurisdiction of this Court u/s 482 CrPC is being invoked by the petitioner for quashment of FIR No. 21 of 2016 registered at Women's Police Station, Srinagar.
2. The background facts, those stem out from the petition, according to the petitioners, are that the petitioner No. 1 and petitioner No. 5 were married to each other in 2011. The petitioners 2, 3, and 4 are respectively father, mother and sister of the petitioner no. 1. The matrimonial life of petitioner no. 1 and petitioner no. 5 ran into rough weather and their relationship deteriorated after each passing day, which led to filing of complaints by petitioner No. 5 against petitioner No. 1 including a complaint under "Prevention of Women Domestic Violence Act" and an application for maintenance under section 488 of Code of Criminal Procedure. The petitioner No. 5 is also stated to have filed a complaint against petitioners 1 to 4 in the Women's Police Station Srinagar, which resulted into registration of FIR against petitioners 1 to 4 for commission of offence punishable under sections 498-A, 406 and 354 of RPC.
3. The Women's Police Station Srinagar is stated to have filed a challan titled 'State versus Inayat-ud-din Rangrez and others', arising out of the FIR in question against petitioners 1 to 4, being File No. 441 of 2016.
4. It is submitted that during the pendency of the said proceedings, the community elders intervened in the matter and the parties were encouraged to settle the matter amicably so that they could lead a peaceful life. It is submitted that with the intervention of well-wishers, a compromise came to be arrived at between petitioners 1 and 5 and parties agreed to withdraw all the cases against each other. It is further submitted that based on said understanding, the petitioners withdrew all the cases except the proceedings tilled 'State Vs. Inayat-ud-din Rangrez and Ors.' pending disposal in the Court of Judicial Magistrate, City Judge, It is submitted that the learned Judicial Magistrate, City Judge, Srinagar has expressed inability to dismiss aforesaid proceedings as the offence punishable under section 498-A being not compoundable.
5. It is submitted the dispute between the parties, which has resulted in registration of FIR and filling of Challan against petitioners 1 to 4, being matrimonial in character, quashing of proceedings would advance the cause of justice and secure ends of justice. It is submitted that the parties with the intervention of community elders and help of well-wishers have already resolved the dispute and want to give quietus to the dispute and the parties shall live in peace only if all proceedings are withdrawn.
6. It is submitted that challan presented against petitioners, under the present circumstances, is unlikely to result in conviction. Continuation of proceedings against the petitioners when the complainant has already compromised with the petitioners would be per se oppressive. It is submitted that the present case falls within the parameters set by the Supreme Court where proceedings should be quashed consequent upon parties reaching to a settlement.
7. The instant petition came up for consideration on 8.9.2021, on which date the learned counsel for the petitioners was directed to produce the petitioners before the court. On 09.9.2021, the parties appeared in person and were directed to appear before the Registrar Judicial of this court for recording their statements in support of compromise claimed to have entered into between them for resolving their dispute and differences.
8. Heard learned appearing counsel and perused the record.
9. Learned counsel for the petitioner made submission in tune with the stand taken in the petition, reiterating the prayer for quashment of the F.I.R in question as also the proceedings initiated thereupon. Learned counsel referred to the judgements of the Apex Court titled as "Gian Singh versus State of Punjab & Another, reported in 2012 0 Supreme (S
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....
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 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 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 is that the inherent power of the High Court to quash criminal proceedings should be exercised to secure the ends of justice and prevent abuse of the process of law, ....
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....
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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....
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