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HIGH COURT OF JAMMU AND KASHMIR
MRS. JUSTICE SINDHU SHARMA, J
VISHNU DEVI AND OTHERS – Appellant
Versus
UT OF J AND K TH. S.H.O. POLICE STATION KATHUA AND ANOTHER – Respondent
JUDGMENT :
1. Petitioners have invoked inherent jurisdiction of this Court under section 528 of BNSS seeking quashing of FIR No. 0194/2022 dated 15.05.2022 registered at Police Station Kathua, at the instance of respondent No. 2, under Sections 323, 324, 307, 34 IPC against petitioner Nos. 1 & 2 and under Sections 323, 324, 307, 34, 506, 109 IPC read with Section 4 & 25 Arms Act against petitioner No. 3. They are also seeking quashing of Charge Sheet No.260/2023 dated 01.12.2023 pending before the Court of learned Principal Sessions Judge, Kathua.
2. Petitioner No. 3 and respondent No. 2 solemnized marriage in the year 2008 and out of their wedlock, a male child was born on 02.08.2018. It is submitted that due to certain differences and mistrust between them, their relationship started deteriorating, thus, this leads to impugned FIR No. 0194/2022 dated 15.05.2022 which was registered with Police Station Kathua against the petitioners. The investigation in FIR No. 0194 of 2022 for the aforesaid offences resulted in charge-sheet being presented before the competent Court which is pending before the court learned Principal Sessions Judge, Kathua.
3. It is further submitted that both the
Courts should encourage amicable settlements in matrimonial disputes, allowing quashing of FIRs and charge sheets when parties resolve issues voluntarily without coercion.
The central legal point established in the judgment is the court's exercise of inherent jurisdiction under Section 482 Cr.P.C. to quash the FIR and consequential proceedings based on a genuine compro....
The central legal point established in the judgment is the court's exercise of inherent jurisdiction under Section 482 Cr.P.C to quash the FIR based on a voluntary and genuine compromise in a matrimo....
The High Court can quash FIRs in cases of amicable settlements involving predominantly civil disputes, preventing abuse of process.
The court may quash FIRs in matrimonial disputes when parties settle amicably, promoting justice and reducing the burden on the judicial system.
The Court can invoke inherent powers under Section 482 CrPC to quash proceedings based on a genuine and voluntary compromise, considering the nature of the offence, societal impact, and the ends of j....
The High Court can quash non-compoundable offences in matrimonial disputes if a compromise indicates a remote possibility of conviction, preventing abuse of process.
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....
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