ORDER

11.12.2024 ORAL:

1. In the instant petition, the petitioner has invoked the inherent power of this Court for quashing FIR No. 0013 of 2020 dated 14.01.2020 registered with Police Station Gandhi Nagar, Jammu for offence under section 380 IPC.

2. Upon coming up this matter for further consideration, on 14.02.2022, after the filing of the charge sheet in the FIR was directed not to be filed except with the permission of this Court, the counsel for the petitioner as also respondent 4 herein stated at bar that the parties have entered into a compromise and settled their inter se disputes whereunder FIR under challenge had got registered and would seek quashment of the FIR under challenge on the basis of the said compromise, as a consequence whereof, on 27.11.2024, the petitioner as also respondent 4 herein came to be directed to appear before the Registrar Judicial of this Court for recording of their respective statements, pursuant to which, the statements of the petitioner as also respondent 4 stand recorded on 27.11.2024, which statements for the sake of brevity are extracted hereunder:

Petitioner “I depose that I have a matrimonial dispute with my husband- Chander Mohan Arora (respondent no. 4/complainant) which led to lodging of FIR No. 0013/2020 dated 14.01.2020 by him against me at Police Station, Gandhi Nagar, Jammu for offence under section 380 IPC. Now, the said dispute has amicably been resolved between me and Chander Mohan Arora (respondent no. 4/complainant). A joint petition has also been filed by me and Chander Mohan Arora (respondent no. 4/complainant) for dissolution of marriage by mutual consent u/s 13-B of the Hindu Marriage Act before the Court of Learned District Judge, Amritsar, in which the first motion has been laid. In view of our amiable settlement, I pray before Hon’ble Court to quash FIR No. 0013/2020 dated 14.01.2020 registered at Police Station, Gandi Nagar, Jammu for offence under section 380 IPC and all consequential investigation/proceedings emanating thereforom.”

Respondent 4 “I depose that I have a matrimonial dispute with my wife-Renu Arora (petitioner) which led to lodging of FIR No. 0013/2020 dated 14.01.2020 by me against her at Police Station, Gandhi Nagar, Jammu for offence under section 380 IPC. Now, the said dispute has amicably been resolved between me and Renu Arora (petitioner). A joint petition has also been filed by me and Renu Arora (petitioner) for dissolution of marriage by mutual consent u/s 13-B of the Hindu Marriage Act before the Court of Learned District Judge, Amritsar, in which the first motion has been laid. Further, I have no grievance against Renu Arora (petitioner) and I do not want to pursue the above mentioned FIR filed by me against her. In view of our amiable settlement, I have no objection in case Hon’ble Court quashes FIR No. 0013/2020 dated 14.01.2020 registered at Police Station, Gandi Nagar, Jammu for offence under section 380 IPC and all consequential investigation/proceedings emanating therefrom.”

3. Upon coming up the petition for consideration today before this Court, the counsel for the petitioners herein as well as respondent 4 herein again prayed for disposal of the instant petition and consequent quashment of the FIR/charge sheet in view of amicable settlement between the parties.

Heard learned counsel for the parties and perused the record

4. Before proceeding to settle the instant petition finally on the basis of statements of the parties as also the compromise claimed to have been entered into between them, it would be advantageous and appropriate to refer hereunder to the law laid down by the Apex Court in this regard.

The Apex Court in case titled as “Gian Singh vs. State of Punjab and Another” reported in 2012 (10) SCC 303”, has at paragraph 61 held as under:-

“61. The position that emerges from the above discussion can be summarized thus: the power of the High Court in quashing a criminal proceeding or FIR or complaint in exercise of its inherent juri