Back
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL
Manmeet Kour – Appellant
Versus
UT of J&K – Respondent
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. T
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....
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
