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Sr. No. 86

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CRM(M) No. 564/2025

Shabir Ahmed ShCR eikh and another …..Petitioner(s)

Through: Mr. Mohd. Nadeem Bhat, Advocate

Vs

Union Territory of J&K and another .…. Respondent(s)

Through: None for R-1.

Mr. Rohit Kumar Parihar, Advocate for R-2.

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

ORDER

27.12.2025

1. The private parties i.e. petitioner No.1 as well as the respondent

No.2/complainant are present in person too.

2. It is submitted by the learned counsel for the private respondent that said

parties have already settled the matrimonial dispute that had led to the registration

of the impugned case FIR bearing No.09/2021 dated 20.02.2021 of Police Station

Gool, District Ramban and the filing of the subsequent charge-sheet bearing

Challan/File No.95/2021 dated 24.12.2021 pending trial in the Court of learned

Judicial Magistrate, Gool. It is submitted that the petitioner No.1 and the

respondent No.2 are living together as husband and wife peacefully and as such,

want the quashment of the pending criminal proceedings. The petitioner

No.1/accused and the respondent No.2/complainant present in the open Court

testify the fact of their mutual settlement. It is submitted by them that they have

been living peacefully as husband and wife and as such want the termination of the

criminal proceedings.

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3. In the backdrop of mutual settlement between the private parties and the

cordial maintenance of conjugal house by the petitioner No.1 and the respondent

No.2, this Court is of the considered opinion that it may meet the ends of justice, in

case, the instant petition is allowed and the impugned case FIR bearing No.09/2021

dated 20.02.2021 along with the subsequent charge-sheet bearing Challan/File

No.95/2021 dated 24.12.2021 pending disposal in the Court of learned Judicial

Magistrate, Gool are quashed as the same shall facilitate the cordial matrimonial

relation between the private parties.

4. The statements of the petitioner No.1 and the respondent No.2 in support

of their mutual amicable settlement, stand already recorded.

5. 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 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.

6. 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.

7. 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 482 CrPC, following a settlement between the parties would

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not amount to circumvention of Section 320, but such power has to be exercised

with care and caution and would depend on facts of each case.”

8. The Hon’ble Supreme Court in “Parbatbhai Aahir Alias Parbatbhai

Bhimsinhbhai Karmur and Ors vs State of Gujarat and Anr. (2017) 9 SCC

641” has considered the aspect of the invocation of the inherent powers by the High

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

and was pleased to lay down some broad governing principles for invocation of

such power of the High Courts. The relevant portions of the judgment are

reproduced as under for the sake of convenience:

“Section 482 is