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2025 Supreme(J&K) 89
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL, J.
S. Baljit Singh and anr. – Appellant
Versus
UT of J&K and Anr. – Respondent
CRM(M) No. 1022 of 2023
Decided on : 03-03-2025
Advocate Appeared:
For the Appellant :Mr. Wasim Akram Mir, Advocate
For the Respondent: Mr. P. D. Singh, Dy. AG
Criminal proceedings should be quashed when parties have amicably resolved their disputes, rendering further action futile.
Headnote:
(A) J&K Hindu Marriage Act - Section 15 - Criminal Procedure Code - Sections 498-A, 504, 506, 323, 406, 109 RPC - Quashing of FIR - Petitioners sought quashing of FIR for offences under various sections of RPC after amicable resolution of disputes with the complainant - Joint petition for dissolution of marriage by mutual consent was filed and granted - Compromise deed executed between parties stating withdrawal of all cases - Court found continuation of proceedings as futile. (Paras 1-8)
(B) Criminal Proceedings - Continuation of criminal proceedings is unwarranted when parties have amicably settled their disputes, as it serves no purpose. (Paras 7-8)
Facts of the case:
The petitioners, husband and mother-in-law, sought to quash an FIR filed by the complainant, the wife, after resolving their disputes amicably and dissolving their marriage by mutual consent.
Findings of Court:
The court found that the amicable resolution of disputes warranted the quashing of the FIR and related proceedings.
Issues: The main issue was whether the FIR and subsequent proceedings should be quashed given the amicable resolution between the parties.
Ratio Decidendi: The court held that the continuation of criminal proceedings would be an exercise in futility when the parties have settled their disputes amicably.
Result: FIR and proceedings quashed.
ORDER :
01. The petitioner No. 1 is the husband of the complainant-respondent No. 2 herein, whereas petitioner No. 2 is mother of the petitioner No.1. Through the medium of instant petition, the petitioners seek quashing of FIR bearing No. 29/2011 dated 21.11.2011 for commission of offences under sections 498-A/504/506/323/406/109 RPC, registered with the Police Station, Women Cell Gandhi Nagar, Jammu at the instance of respondent No. 2 as well as the challan pending before the City Judge, Jammu.
02. It is contended that during the pendency of the challan, the petitioner No. 1 and respondent No. 2 with the intervention of their relatives resolved their disputes amicably and filed a joint petition under Section 15 of the J&K Hindu Marriage Act for the dissolution of the marriage by mutual consent and accordingly, the court of learned Additional District Judge (Matrimonial cases) Jammu passed the order on 17.11.2014 by virtue of which the marriage between the couple has been dissolved. 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.
03. Vide order dated 06.12.2023, the petitioner No. 1 and respondent No. 2 were directed to get their statements recorded before the Registrar Judicial. The statements of petitioners 1 and respondent No. 2 were recorded before the Registrar Judicial on 03.04.2024, 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 she has no objection in case this Court quashes FIR No. 29/2011 dated 21.11.2011 registered with Police Station, Women Cell Gandhi Nagar Jammu for offences under Section 498-A/504/506/323/406 & 109 RPC alongwith consequent challan titled “State vs. Baljit Singh and others, pending before the Court of learned City Judge, Jammu.
04. 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.
05. Mr. Pawan Dev Singh, learned Dy. AG has submitted that appropriate orders as this Court may deem fit, may be passed.
06. Heard learned counsel for the parties and perused the record.
07. After having gone through the record and the statements made by the parties, this Court is of the considered view that once the contesting parties have settled the dispute amicably, the continuance of the criminal proceedings against the petitioners before the court of learned City Judge, Jammu, shall be nothing but an exercise in futility.
08. In view of the above, FIR No. 29/2011 dated 21.11.2011 registered with Police Station, Women Cell Gandhi Nagar, Jammu at the instance of respondent No. 2 for offences under Section 498-A/504/506/323/406 & 109 RPC as well as the challan titled “State vs. Baljit Singh and others, pending before the Court of learned City Judge, Jammu and the proceedings emanating therefrom, are quashed.
09. Disposed of.
