##PAGE1##

Sr. No. 75

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CRM(M) No.1384/2025

CrlM No.2568/2025

Shahid Rehman M alik …..Petitioner(s)

Through: Mr. Siddhant Gupta, Advocate

Vs

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

Through: Mr. Zeeshan Malik, Advocate for R-2

None for R-1

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

ORDER

27.12.2025

(ORAL)

1. The private parties i.e. the petitioner/accused and the respondent

No.2/complainant are also present in person.

2. It is submitted by their learned counsel that the said private parties have

entered into a mutual settlement in respect of the incident that had led to

the registration of the impugned case FIR bearing No.71/2015 dated

23.11.2015 registered with the Police Station, Peer Mitha, Jammu and the

consequent charge-sheet pending disposal in the Court of the learned

Excise Magistrate, Jammu under the title „State vs Shahid Rehman Malik‟.

3. It is submitted that the respondent No.2/complainant is now married and

she does not, as per the compromise, want the criminal proceedings to go,

so that she is not in connection with the trial proceedings required to attend

at trial of the case as a married girl.

4. It is submitted by the learned counsel for the private parties that this Court

may in the light of the compromise between the private parties allow the

petition and quash the impugned FIR as well as the charge-sheet as the

2

CRM (M) No.1384/2025

CrlM No.2568/2025

[

same shall meet the ends of justice by facilitating the respondent

No.2/complainant to settle her life as a married lady.

5. In the backdrop of the mutual settlement between the private parties this

Court is of the opinion that it may meet the ends of justice in case the

petition is allowed and the impugned case FIR as well as the subsequent

charge-sheet pending before the trial Court are quashed as the same shall

facilitate the ends of justice by allowing the respondent No.2/complainant

as a married lady to live her matrimonial life without any sort of mental

agony on account of the continuing criminal proceedings. The

petitioner/accused submitted in the open Court that he expresses his great

remorse and repentance for the incident and shall never commit any kind of

offence. The private parties i.e. petitioner/accused and the respondent

No.2/complainant are directed to get their statements recorded in attestation

of their mutual settlement before the learned Registrar Judicial of this

Court.

6. 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.

3

CRM (M) No.1384/2025

CrlM No.2568/2025

[

7. 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.

8. 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 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.”

9. 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