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IN THE HIGH COURT OF JAMMU AND KASHMIR AND LADAKH AT SRINAGAR
JAVED IQBAL WANI, J.
Nazir Ahmad Ganie and Others – Petitioners
Versus
Station House Officer and Others – Respondents
CRM (M) No. 420 of 2022, Crl. M. No. 1202 of 2022
Decided On : 02-02-2023
INHERENT JURISDICTION - QUASHMENT OF FIR - Section 482 of the Code of Criminal Procedure - The court discussed the inherent powers under Section 482 of the Cr.P.C. to quash FIRs when parties have reached a compromise. It emphasized that such powers are distinct from compounding offences under Section 320. The court highlighted that the nature of the offences, their gravity, and the private nature of the disputes are crucial in determining whether to quash proceedings. The court ultimately found that the FIRs involved predominantly civil disputes that had been amicably settled, justifying the quashing of the FIRs to prevent abuse of the legal process.
Fact of the Case:
The petitioners sought to quash multiple FIRs registered against them following disputes that had been amicably settled through a compromise. The FIRs were filed at the instance of both groups of petitioners, and a compromise deed was presented to the court.
Finding of the Court:
The court found that the disputes were predominantly civil in nature and had been resolved amicably. It noted that the continuation of the criminal proceedings would cause undue oppression to the petitioners and would be contrary to the interests of justice.
Issues: Whether the FIRs could be quashed based on the compromise between the parties and the nature of the offences involved.
Ratio Decidendi: The court applied the principles established in Gian Singh v. State of Punjab and Parbatbhai Aahir v. State of Gujarat, emphasizing that inherent powers under Section 482 can be exercised to quash FIRs when the disputes are private and have been settled, provided the offences do not involve serious public interest or heinous crimes.
Final Decision: The court quashed FIR Nos. 32/2019, 62/2019, 80/2021, and 81/2021, concluding that the continuation of the proceedings would be an abuse of the process of law given the amicable settlement between the parties.
JUDGMENT :
JAVED IQBAL WANI, J.
1. Inherent jurisdiction under and in terms of provisions of Section 482 of the Code of Criminal Procedure (Cr.P.C.) is being invoked by the petitioners for quashment of FIR Nos. 32/2019, dated 20.06.2019, 62/2019, dated 21.11.2019, 80/2021, dated 11.11.2021 & 81/2021, dated 11.11.2021, registered with Police Station Manzgam, Kulgam & also the proceedings commenced pursuant thereto pending before the Court of Judicial Magistrate 1st Class D.H. Pora, Kulgam.
2. The parties are stated to have entered into a compromise and settled their disputes and differences, which had resulted in registration of the impugned FIRs at the instance of petitioners 1 to 10 and cross FIRs at the instance of petitioners 11 to 17 and, consequently, a compromise deed is placed on record of the instant petition.
3. In view of the compromise so arrived at between the petitioners 1 to 10 and petitioners 11 to 17, all the petitioners in terms of order dated 27.09.2022, were directed to appear before the Registrar Judicial of this Court for recording their statements in support of the deed of compromise. The statements of all the petitioners have been recorded on 10.10.2022, by the Registrar Judicial. The same are extracted and reproduced hereunder:
Stated that he has settled all the disputes with petitioners 11 to 17 of above titled petition, amicably and the compromise has been reduced into writing and executed on 18.07.2022. The compromise has been taken on record and made part of the file. He has now no grievance against the petitioners 11 to 17 and seeks disposal of the above titled matter in light of the compromise entered upon by him and petitioners 11 to 17.”
“Statement of Mohammad Amin Ganie (Petitioner No. 2); Aged-55 years S/o Ghulam Ahmad Ganie R/o Durham Tehsil D.H. Pora, Kulgam, on oath on 10.10.2022:
Stated that he has settled all the disputes with petitioners 11 to 17 of above titled petition, amicably and the compromise has been reduced into writing and executed on 18.07.2022. The compromise has been taken on record and made part of the file. He has now no grievance against the petitioners 11 to 17 and seeks disposal of the above titled matter in light of the compromise entered upon by him and petitioners 11 to 17.”
“Statement of Abdul Hamid Ganie (Petitioner No. 3); Aged-58 years S/o Ghulam Ahmad Ganie R/o Durham Tehsil D.H. Pora, Kulgam, on oath on 10.10.2022:
Stated that he has settled all the disputes with petitioners 11 to 17 of above titled petition, amicably and the compromise has been reduced into writing and executed on 18.07.2022. The compromise has been taken on record and made part of the file. He has now no grievance against the petitioners 11 to 17 and seeks disposal of the above titled matter in light of the compromise entered upon by him and petitioners 11 to 17.”
“Statement of Bashir Ahmad Ganie (Petitioner No. 4); Aged-50 years S/o Ghulam Ahmad Ganie R/o Durham Tehsil D.H. Pora, Kulgam, on oath on 10.10.2022:
Stated that he has settled all the disputes with petitioners 11 to 17 of above titled petition, amicably and the compromise has been reduced into writing and executed on 18.07.2022. The compromise has been taken on record and made part of the file. He has now no grievance against the petitioners 11 to 17 and seeks disposal of the above titled matter in light of the compromise entered upon by him and petitioners 11 to 17.”
“Statement of Firdous Ahmad Ganie (Petitioner No. 5); Aged-32 years S/o Nazir Ahmad Ganie R/o Durham Tehsil D.H. Pora, Kulgam, on oath on 10.10.2022:
Stated that he has settled all the disputes with petitioners 11 to 17 of above titled petition, amicably and the compromise has been reduced into writing and executed on 18.07.2022. The compromise has been taken on record and made part of the file. He has now no grievance against the peti
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 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 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 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 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....
The High Court can quash non-compoundable offences under Section 482 if they are personal in nature and the parties have settled their disputes amicably, ensuring no adverse effect on public interest....
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