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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Kashmir Singh – Appellant
Versus
Ut Of Jammu And Kashmir – Respondent
JUDGMENT :
1. Instant petition has been filed by the petitioner seeking quashment of challan/chargesheet emanating from FIR bearing No.40/2020 dated 10.04.2020 for offences under Sections 498-A & 323 IPC registered with Police Station, Kandi, pending disposal before the Court of learned Judicial Magistrate 1st Class, Koteranka, Rajouri. Quashment of challan/charge-sheet is sought on the ground that the parties have amicably settled the matrimonial dispute.
2. The case set up by the petitioner is that his marriage with respondent No.2 was solemnized on 19.04.2019 in accordance with Hindu rituals. It is contended that due to some personal differences and dispute arising between them, respondent No.2 came out of the matrimonial society of the petitioner and started living separately, whereafter, she lodged the impugned FIR against the petitioner, which, after investigation, resulted in the presentation of a challan before the Court of learned Judicial Magistrate 1st Class, Koteranka, where it is pending disposal.
3. It appears that, during the pendency of aforesaid challan, good sense prevailed upon the parties and they settled their disputes. Accordingly, they filed a petition for grant
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 court can quash non-compoundable offences if a compromise is reached, preventing abuse of process and ensuring justice.
Point of Law : While deciding whether to exercise its power under Section 482 of Code or not, timings of settlement play a crucial role. Those cases where settlement is arrived at immediately after a....
The central legal point established in the judgment is that in cases of family disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute, the High C....
The main legal point established is that in cases of matrimonial disputes where the wrong is private or personal in nature and the parties have resolved their entire dispute, the High Court may quash....
The duty of the courts to encourage genuine settlements of matrimonial disputes and the wide and unfettered powers of the High Court under Section 482 of the Code to quash criminal proceedings in cas....
The High Court can quash non-compoundable offences in private disputes if a compromise is reached, ensuring justice and preventing abuse of process.
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....
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