Back
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
JAVED IQBAL WANI
Mohd. Ashraf Khan – Appellant
Versus
U.T. of J&K – Respondent
ORDER :
1. The instant petition has been filed by the petitioner herein while invoking the inherent power of this Court enshrined in section 528 of the BNSS for quashment of FIR bearing No. 0011/2024 dated 09.02.2024 registered with Police Station, Gool as also the consequent charge sheet bearing No. 08/2024 dated 04.04.2024 pending before the Judicial Magistrate 1st Class, Gool for offences under sections 498-A, 504 and506 IPC.
2. The facts giving rise to the filing of the instant petition as stated therein are that the petitioner and respondent 2 herein got married on 09.05.2010 according to Muslims rights and rituals and in the said wedlock, three daughters and one son had been born and that on account of certain disputes and differences inter se the petitioner and respondent 2, a complaint came to be lodged by the respondent 2 against the petitioner herein which resulted into registration of aforesaid FIR for offences under sections 498-A, 504 and 506 IPC and consequently culminated into filing of aforesaid charge sheet against the petitioner herein.
3. Upon coming up the petition for consideration today before this Court, the petitioner as well as respondent 2 appeared in person
The High Court can quash FIRs in cases of amicable settlements involving predominantly civil disputes, preventing abuse of process.
The main legal point established in the judgment is the power of the High Court to quash criminal proceedings based on settlement, considering the nature and gravity of the crime, and the scope and a....
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.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
