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HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MOHD YOUSUF WAN
Mohammad Saqib Bhat – Appellant
Versus
Government of J&K Through Director General of Police – Respondent
ORDER :
1. Through the medium of the instant petition filed under the provisions of Section 528 of by Bhartiya Nagarik Suraksha Sanhita, 2023, (hereinafter referred to as the “BNSS” for short), the petitioner has sought the quashment of the FIR bearing No. 150 of 2022 registered with the Police Station, Lalpora Kupwara under Sections 354 and 341 IPC along with the consequential proceedings, on the main grounds that he i.e., the petitioner and the respondent No. 4 i.e., complainant being relatives and neighbours have mutually settled their controversy that had led to the registration of the impugned FIR and other civil litigations; that they have in furtherance of their mutual settlement facilitated through the intervention of their elders, executed a formal compromise deed; that the petitioner has been able to get some job in Kuwait in connection whereof he has to leave the country; that the respondent No. 4/complainant is a young girl of marriageable age and it is as such in the interest of both the parties that FIR in question be quashed on the basis of their mutual settlement and that this Court has extraordinary powers to quash the criminal proceedings to meet the ends of justic
The court can quash FIRs for non-compoundable offences if the parties have mutually settled their disputes, emphasizing the need for justice and preventing abuse of process.
The court affirmed that inherent powers under Section 482 allow quashing of FIRs for non-compoundable offences in personal disputes if it serves justice, despite the serious nature of the charges.
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