HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
Rajnesh Oswal, J.
Manmeet Kour and others - Petitioners
Versus
UT of J&K - Respondent
CRM(M) No. 697 of 2025
Decided On : 13-02-2026
ORDER :
RAJNESH OSWAL, J.
1. The petitioners have invoked the jurisdiction of this Court under Section 528 of the BNSS, 2023, seeking quashing of charge sheet No. 20/2019 dated 27.1.2019, titled State of J&K vs. Amandeep Singh and others, arising out of FIR No. 19/2019, registered with the Police Station Women Cell, Gandhi Nagar for offences under Section 498-A &109 IPC Jammu, at the instance of petitioner No. 1, pending before the Court of learned Addl. 3rd Munsiff, Jammu.
2. Petitioner No. 1 and petitioner No. 2 were husband and wife, who solemnized their marriage on 24.05.2017. Owing to their failure to develop compatibility and mutual understanding, differences arose between them and they started living separately. Petitioner No. 1 lodged the aforesaid FIR. Subsequently, the parties mutually dissolved their marriage and resolved all their disputes amicably. A compromise deed dated 07.01.2025 has also been placed on record.
3. The quashing of the impugned FIR is sought on the ground that the dispute between the parties is matrimonial in nature and has been amicably settled outside the Court. The compromise deed evidencing settlement of marital disputes has been filed on record.
4. The statements of the petitioners were recorded before the Registrar Judicial today itself i.e. 13.02.2026. Petitioner No. 1/complainant, in her statement, categorically stated that all disputes arising out of FIR No. 20/2019 stand resolved between her other petitioners and that she has no objection if the said FIR and the proceedings emanating therefrom are quashed. Petitioner Nos. 2 to 4, in statements recorded on the same date, also prayed for quashing of the impugned FIR and all consequential proceedings in view of the amicable settlement.
5. Mr. Pawan Dev Singh, learned Deputy Advocate General, submitted that in view of the amicable settlement arrived at between the parties, no fruitful purpose would be served by permitting the criminal proceedings to continue.
6. Heard learned counsel for the parties and perused the record.
7. It is well settled that this Court, in exercise of its inherent jurisdiction, can quash criminal proceedings, even in respect of non-compoundable offences, where the disputes are predominantly private in nature, particularly those arising out of matrimonial discord, and where continuation of the proceedings would amount to abuse of the process of law. The underlying object is to secure the ends of justice and prevent misuse of judicial process.
8. A perusal of the record reveals that the dispute between the parties emanates from matrimonial discord between petitioner No. 1 and petitioner No. 2. The parties have settled their differences and resolved all disputes amicably. The complainant, in her statement recorded before the Registrar Judicial, has unequivocally stated that she has no objection to the quashing of the FIR and the proceedings arising therefrom. No larger public interest is involved in the matter, and the offences alleged do not fall within the category of heinous or serious offences having grave societal impact.
9. In view of the amicable settlement between the parties and the settled legal position, this Court is of the considered opinion that continuation of the criminal proceedings would be an exercise in futility and would serve no useful purpose.
10. Accordingly, the petition is allowed. Charge sheet No. 20/2019 dated 27.01.2019, titled State of J&K vs. Amandeep Singh and others, arising out of FIR No. 19/2019 registered under Sections 498-A and 109 IPC at Police Station Women Cell, Gandhi Nagar, Jammu, and all proceedings emanating therefrom pending before the Court of learned Addl. 3rd Munsiff, Jammu, are quashed.
11. The petition stands disposed of accordingly.
Courts should encourage amicable settlements in matrimonial disputes, allowing quashing of FIRs and charge sheets when parties resolve issues voluntarily without coercion.
The High Court can quash non-compoundable offences in matrimonial disputes if a compromise indicates a remote possibility of conviction, preventing abuse of process.
Cruelty - Criminal challan quashed - Amicable Settlement - Parties have amicably settled their dispute and continuance of proceedings of above mentioned challan shall be an exercise in futility.
The court may quash FIRs in matrimonial disputes when parties settle amicably, promoting justice and reducing the burden on the judicial system.
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....
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