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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU
RAJNESH OSWAL
Vaneet Chandan – Appellant
Versus
UT of J&K – Respondent
ORDER :
RAJNESH OSWAL, J.
1. The petitioners have invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita) seeking quashing of FIR No. 186/2020 dated 16.11.2020, registered at Police Station, Bakshi Nagar, Jammu, under Sections 498-A, 323, 504 and 506 IPC, at the instance of petitioner No. 2, along with the consequential challan dated 30.12.2022 arising therefrom and pending before the Court of learned City Judge, Jammu.
2. Petitioner No. 1 and petitioner No. 2 are husband and wife, who solemnized their marriage on 26.04.2020. Owing to failure to develop compatibility and mutual understanding, differences arose between them and they started living separately. Petitioner No. 2 lodged a complaint before Police Station Bakshi Nagar, which culminated in registration of the aforesaid FIR. Subsequently, with the intervention of respectable members of society and family, the parties resolved their disputes amicably and resumed cohabitation. A compromise deed dated 16.01.2023 has been placed on record.
3. The quashing of the impugned FIR is sought on the ground that the dispute between the parties is
Courts should encourage amicable settlements in matrimonial disputes, allowing quashing of FIRs and charge sheets when parties resolve issues voluntarily without coercion.
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....
The court may quash FIRs in matrimonial disputes when parties settle amicably, promoting justice and reducing the burden on the judicial system.
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