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2025 Supreme(J&K) 130
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL, J.
Chetna Kumari and ors. – Appellant
Versus
Ut of J&K and Anr.
CRM(M) No. 314 of 2019
Decided on : 13-03-2025
Advocate Appeared:
For the Appellant :Mr. Deepali Arora, Advocate
For the Respondent:Mr. Rajesh Thapa, AAG Mr. Pawan Kumar Khajuria, Advocate
The court may quash an FIR when the parties have amicably resolved their disputes, preventing unnecessary legal proceedings.
Headnote:
(A) Jammu and Kashmir Ranbir Penal Code - Sections 452, 296, 354, 506, 323, 147 - Quashing of FIR - Petitioners sought to quash FIR No. 59/2017 for various offences, citing a compromise between parties - The parties resolved disputes amicably and agreed to withdraw all cases against each other - Court found continuance of proceedings futile due to amicable resolution. (Paras 1-9)
(B) Compromise - Legal effect of compromise between parties in criminal proceedings - When parties amicably resolve their disputes, the court may quash FIR and proceedings to prevent unnecessary legal exercise. (Paras 3, 8)
Facts of the case:
Petitioners, related to the complainant, sought quashing of an FIR for multiple offences, supported by a compromise deed indicating mutual resolution of disputes.
Findings of Court:
The court determined that the FIR and related proceedings were to be quashed due to the amicable settlement between the parties.
Issues: The main issue was whether the FIR should be quashed given the amicable resolution of disputes between the parties.
Ratio Decidendi: The court held that the amicable resolution of disputes between the parties warranted quashing of the FIR to avoid futile legal proceedings.
Result: FIR No. 59/2017 and related proceedings quashed.
ORDER :
01. Through the medium of instant petition, the petitioners seek quashing of FIR bearing No. 59/2017 dated 19.04.2017 for commission of offences under sections 452/296/354/506/323/147 RPC registered with the Police Station, Miran Sahib, Jammu at the instance of respondent No. 2.
02. It is pertinent to mention here that petitioner No. 1 is the wife of real brother of complainant/respondent No. 2. The petitioner No. 2 & 3 are brothers, petitioner No. 4 & 7 are uncle and aunt, petitioner No. 5 is the sister and petitioners No. 6 & 8 are parents of the petitioner No. 1.
03. The petitioners have also placed on record a compromise executed between the petitioner No. 1 and respondent No. 2, 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.
04. Today, when this matter was taken up, learned counsel for the contesting parties were directed to get the statements of petitioner No. 1 and respondent No. 2 recorded before the Registrar Judicial. The statements of petitioners 1 and respondent No. 2 were recorded before the Registrar Judicial today itself, wherein they have stated that they have amicably resolved all disputes and issues against each other. They have also admitted filing the compromise deed. The respondent No. 2/complainant in her statement has stated that dispute between her brother Dev Raj and his wife (petitioner No. 1) has been amicably resolved and they have also dissolved their marriage by mutual consent. She has further stated she has no objection in case this Court quashes FIR bearing No. 59/2017 dated 19.04.2017 registered with the Police Station, Miran Sahib, Jammu for commission of offences under Sections 452, 296/354/506/323/147 RPC.
05. Learned counsel for the petitioners has submitted that as the petitioners and respondent No. 2-complainant have resolved the dispute between them amicably, as such, the impugned FIR and the proceedings emanating therefrom may be quashed.
06. Learned counsels appearing for the respondents have submitted that appropriate orders as this Court may deem fit, may be passed.
07. Heard learned counsel for the parties and perused the record.
08. After having gone through the record and the statements made by the contesting parties, this Court is of the considered view that once the contesting parties have settled the dispute amicably, the continuance of the proceedings in the impugned FIR shall be nothing but an exercise in futility.
09. In view of the above, FIR bearing No. 59/2017 dated 19.04.2017 registered with the Police Station, Miran Sahib, Jammu for offences under sections 452, 296/354/506/323/147 RPC at the instance of respondent No. 2 as well as the proceedings emanating therefrom, are quashed.
10. Disposed of.
