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Sr. No. 73

HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CRMC No. 83/2015

IA No. 98/2015

CrlM No. 2244/2025

Amandeep and Or s. …..Petitioner(s)

Through: Mr. Nigam Mehta, Advocate vice

Mr. Raghu Mehta, Advocate

Vs

State of J&K and Anr. .…. Respondent(s)

Through: Mr. P. D. Singh, Dy. AG for R- 1

Respondent No.2 present in person.

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

ORDER

26.12.2025

01. The private parties i.e. the petitioners/accused and the respondent

No.2/complainant are present in person too.

02. It is submitted by the learned counsel for the petitioners that the said

parties have amicably settled the dispue that had led to the registration of the

case FIR No.11/2015 dated 02.02.2015 of Police Station Arnia, District Jammu

under Sections 323, 351, 354, 355, 452, 500, 504, 506, 509 read with 34 RPC.

The said fact is testified by the private parties including the respondent

No.2/complainant present in the open Court. The petitioners have also filed an

application bearing CrlM No. 2244/2025 seeking the placing on record a copy of

the mutual settlement arrived at between them and the respondent

No.2/complainant.

03. Perused the said application supported with affidavit. Also perused the

enclosed copy of compromise deed. The said application is allowed and the

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compromise enclosed with the same is taken on record.

04. It is submitted by the appearing private parties that the main quashment

petition be allowed and the impugned FIR be quashed as the same shall facilitate

the ends of justice by allowing the parties to get rid of long pending animosity

besides facilitating the private respondent No.2/complainant to settle her life as

per her own choice who has now married.

05. It is, however, submitted by the respondent No.1/UT that matter may be

dealt with in accordance with the law notwithstanding the mutual settlement

between the parties.

06. In the facts and circumstances of the case, this Court is of the opinion that

it may meet the ends of justice in case, the main petition is allowed and the

impugned case FIR bearing No.11/2015 dated 02.02.2015 of Police Station

Arnia, District Jammu is quashed as the same is likely to meet the ends of justice

by facilitating the parties to get relieved of long litigation tension and to

facilitate their peaceful living. The respondent No.2/complainant is reported to

have married and the culmination of the present litigation is likely to benefit her.

07. The private parties present in the Court are directed to get their statements

recorded before the learned Registrar Judicial of this Court.

08. 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

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extraordinary powers under Section 528 of BNSS to quash the FIR in question.

09. 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 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.”

11. The Hon’ble Supreme Court in “Parbat