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Sr. No. 133

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CRM (M) No.1404/2025

Gurbaksh Singh …..Petitioner(s)

Through: Mr. Mohit Gupta, Advocate

Vs

UT of J&K Th SHO Incharge Police .…. Respondent(s)

Station Satwari and others

Through: Mr. Pawan Dev Singh, Dy. AG for R-1

Respondent No.2-Present in person

None for R-3

Coram: HON’BLE MR. JUSTICE MOHD. YOUSUF WANI, JUDGE

ORDER

29.12.2025

(Oral)

1. Heard.

2. It is submitted by the learned counsel for the petitioner that the petitioner

and the respondent No.2, who are husband and wife living together

peacefully since years have already settled their matrimonial dispute that

had led to the registration of the impugned case FIR bearing No.138/2019

dated 10.07.2019 of Police Station, Satwari, Jammu under Sections 498A,

308, 109 RPC and the filing of the subsequent charge-sheet titled „State vs

Gurbaksh Singh and others‟ pending trial in the Court of learned

Additional Sessions Judge, Jammu. It is submitted that the proforma

respondent No.3 is the mother of the petitioner and the mother-in-law of

the respondent No.2, who was arrayed as co-accused in the FIR as well as

the charge-sheet.

3. The petitioner/accused and the respondent No.2/complainant, who are

present in the open Court have testified the fact of their having already

settled the matrimonial dispute and submitted that they are peacefully

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living their matrimonial life and have been blessed by the God with a child.

They submitted that the respondent No.3 is their mother who also figures as

co-accused in the charge-sheet.

4. Through the medium of the instant petition filed under the provisions of

Section 528 BNSS, the petitioner has sought the quashment of the criminal

challan titled „State vs Gurbaksh Singh and others‟, pending in the Court of

learned Additional Sessions Judge, Jammu under Sections 498A, 308, 109

RPC against the petitioner and the proforma respondent No.3 on the main

ground that the private parties have amicably settled the matrimonial

dispute.

5. The learned counsel for the respondent No.1 however submitted that matter

may be dealt with in accordance with law, notwithstanding the mutual

settlement between the parties.

6. In the facts and the circumstances of the case, this Court is of the

considered opinion that it may meet the ends of justice, in case, the petition

is allowed and the impugned charge-sheet titled „State vs Gurbaksh Singh

and others‟ arising out of the impugned case FIR bearing No.138/2019

dated 10.07.2019 of Police Station, Satwari, Jammu under Sections 498A,

308, 109 RPC is quashed, as the same shall facilitate the petitioners and

respondent No.2 to maintain a cordial and peaceful conjugal house.

7. Let the statements of petitioner and the respondent No.2 be recorded by the

learned Registrar Judicial in support of their mutual settlement.

8. Although this Court is of the opinion that an FIR cannot be generally and in

routine manner allowed to be quashed in exercise of the powers under

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Section 528 of BNSS corresponding to Section 482 of the Code on the

main ground that the parties have settled their controversy that had become

the cause of occurrence, yet exceptional ground appears to be made out in

the opinion of the Court, in the facts and the circumstances of the case, for

invoking its extraordinary powers under Section 528 of BNSS to quash the

FIR in question.

9. The provisions of Section 359 of the BNSS corresponding to Section 320 of

the Code do not restrict but limit and circumvent the powers of this Court

under Section 528 of the BNSS corresponding to Section 482 of the Code

regarding quashment of FIR‟s and criminal proceedings for the sake of the

society at large which is real beneficiary of the criminal justice delivery

system.

10.This Court in its opinion feels fortified with an authoritative judgment of the

Hon‟ble Apex Court cited as “Gopal Kumar B. Nar Vs. CBI (2014) 5 SCC

800” in which it has been held that “though quashment of non

compoundable offence under Section