The court can quash non-compoundable offences if a compromise is reached, preventing abuse of process and ensuring justice.

JUDGMENT :

1. Instant petition has been filed by the petitioner seeking quashment of challan/chargesheet emanating from FIR bearing No.47/2017 dated 23.09.2017 for offences under Sections 498-A, 342, 325, 323, 504 RPC registered with Women Police Station, Udhampur, pending disposal before the Court of learned Judicial Magistrate 1^st Class (Munsiff), Udhampur.(‘trial Court’ for short).

2. The case set up by the petitioner is that his marriage with respondent No.2 was solemnized at Udhampur in accordance with Muslim 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 CJM, Udhampur, who subsequently transferred it to the trial Court for disposal in accordance with the law.

3. It seems that during the pendency of the aforesaid proceedings, a compromise was arrived at between the petitioner and respondent No.2, a copy whereof is annexed with the petition. As per the compromise deed, which has been executed on 21.05.2023, the petitioner and respondent No.2 have amicably settled their dispute and mutually dissolved their marriage. It is further stated in the compromise deed that the complainant-respondent No.2 has undertaken not to pursue the impugned FIR.

4. In order to verify the execution of the compromise arrived at between the parties, this Court, vide order dated 25.02.2025, directed the parties to appear before the Registrar Judicial of this Court for recording their statements. Pursuant to the said direction, the Registrar Judicial has recorded the statements of the parties and the same are placed on record. In their statements, the parties have admitted the contents of the compromise deed as well as its execution.

5. Learned counsel for the petitioner has prayed that the impugned FIR may be quashed on the basis of the compromise arrived at between the parties.

6. I have heard learned counsel for the parties and perused the material on record.

7. So far as the facts pertaining to the compromise arrived at between the parties in terms of compromise deed dated 21.05.2023 are concerned, the same are not disputed. However, some of the offences alleged to have been committed by the petitioners are non-compoundable in nature. In the backdrop of this position, the question arises as to whether this Court has power to quash the proceedings, particularly when some of the offences alleged to have been committed by the petitioners are non-compoundable in nature. The Supreme Court in the case of Gian Singh. v. State of Punjab & another, reported in (2012) 10 SCC 303, while considering this aspect, has observed as under:

"57. The position that emerges from the above discussion can be summarised thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent jurisdiction is distinct and different from the power given to a criminal court for compounding the offences under Section 320 of the Code. Inherent power is of wide plenitude with no statutory limitation but it has to be exercised in accord with the guideline engrafted in such power viz; (i) to secure the ends of justice or (ii) to prevent abuse of the process of any Court. In what cases power to quash the criminal proceeding or complaint or F.I.R may be exercised where the offender and victim have settled their dispute would depend on the facts and circumstances of each case and no category can be prescribed. However, before exercise of such power, the High Court must have due regard to the nature and gravity of the crime. Heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. cannot be fittingly quashed even though the victim or victim's family and the offender have settled the dispute. Such offence