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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
SANJAY DHAR
Shamsh Din son of Shatto resident of Koghar Marh, Ghoghar Marh, Bansta, Ramnagar, Udhampur – Appellant
Versus
Union Territory of J&K – Respondent
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 1st 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, whic
The court can quash non-compoundable offences if a compromise is reached, preventing abuse of process and ensuring justice.
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 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....
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 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 High Court can quash non-compoundable offences in private disputes if a compromise is reached, ensuring justice and preventing abuse of process.
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....
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