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2025 Supreme(JK) 50
HIGH COURT OF JAMMU AND KASHMIR
MR. JUSTICE RAJNESH OSWAL, J
VISHAL BHAGAN AND OTHERS – Appellant
Versus
U T OF J AND K TH COMMISSIONER SECRETARY HOME DEPTT AND OTHERS – Respondent
CRM(M) 770 / 2022
Mr. Mazahar Ali Khan, Advocate; Mr. P. D. Singh, Dy. AG
Amicable settlement between parties can lead to quashing of FIRs, rendering further investigation unnecessary.
Headnote:(A) Indian Penal Code - Sections 323, 354, 380, 34 - Quashing of FIR - Petitioners sought quashing of FIR for offences under IPC after amicable settlement between parties - Compromise deed filed, and both parties present in court confirming resolution of disputes - Court found investigation to be futile post-settlement. (Paras 2, 3, 4, 8, 9)
(B) Compromise in Criminal Cases - The court recognized that amicable resolution between parties can lead to quashing of FIRs, emphasizing that continued investigation would serve no purpose when disputes are settled. (Paras 8, 9)
Facts of the case:
The petitioners, related to the complainant, sought to quash an FIR for various IPC offences, asserting that all disputes had been resolved amicably through a compromise deed. Both parties confirmed this resolution in court.
Findings of Court:
The court concluded that the FIR and subsequent proceedings were quashed due to the amicable settlement, deeming further investigation unnecessary.
Issues: The primary issue was whether the FIR could be quashed based on the amicable settlement between the parties.
Ratio Decidendi: The court held that when parties resolve their disputes amicably, continuing the investigation into the FIR would be futile, thus justifying the quashing of the FIR.
Result: FIR No. 164/2020 and all proceedings emanating therefrom are quashed.
ORDER :
1. The petitioner No. 1 happens to be husband of the complainant, respondent No. 4 herein, the petitioner Nos. 2 & 3 are his sisters, whereas petitioner No. 4 is maternal uncle of petitioners 1 to 3.
2. Through the medium of instant petition, the petitioners seek quashing of FIR bearing No. 164/2020 dated 10.09.2020 for commission of offences under sections 323, 354, 380 and 34 IPC, registered with the Police Station, Miran Sahib, Jammu at the instance of respondent No. 4. Subsequently, after recording of the statement of the complainant/respondent No. 4 under Section 164 Cr. P.C, offence under Section 376 IPC was added against petitioner No. 1 and offences under Sections 382 IPC and 67/IT Act were added against petitioner No. 3 and petitioner No. 4 respectively. Quashing of the aforesaid FIR has been sought on the ground that the contesting parties have settled the dispute amicably.
3. During pendency of the petition, a compromise deed came to be filed between the parties, wherein both the parties have agreed to withdraw all the cases filed against each other, either civil or criminal and have further stated that they have resolved all their disputes through mutual understanding.
4. Today, both the contesting parties are present in person in the Court and they were directed to get their statements recorded before the Registrar Judicial. They have also admitted filing the compromise deed. The statements of petitioners 1 to 3 and respondent No. 4 were recorded before the Registrar Judicial, wherein they have stated that they have amicably resolved all disputes and issues against each other. The respondent No. 4/complainant in her statement has stated that she has no objection in case this Court quashes FIR No. 164/2020 registered with Police Station, Miran Sahib for offences under Section 323, 354, 380 and 34 IPC.
5. Learned counsel for the petitioner submitted that as the petitioners and respondent No. 4-complainant have resolved the dispute between them amicably, as such, the impugned FIR and the proceedings emanating therefrom may be quashed.
6. Mr. Pawan Dev Singh, learned Dy. AG has submitted that appropriate orders as this Court may deem fit, may be passed.
7. Heard learned counsel for the parties and perused the record.
8. After having gone through the record and the statements made by the parties, this Court is of the considered view that once the contesting parties have settled the dispute amicably, the investigation in the impugned FIR shall be nothing but an exercise in futility.
9. In view of the above, FIR bearing No. 164/2020 dated 10.09.2020 for commission of offences under sections 323, 354, 380 and 34 IPC, registered with the Police Station, Miran Sahib, Jammu at the instance of respondent No. 4 as well as the proceedings emanating therefrom, are quashed.
10. Disposed of.
