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HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

CRM(M) No.196/2023

CrlM No.1905/2025

CrlM No.485/2023

CrlM No.512/2026

1. Akhter Rasool Nengroo

S/O Ghulam Rasool Nengroo

R/O Khrawan Lassipora,

District Kulgam.

2. Majid Rasool Nengroo

S/O Ghulam Rasool Nengroo

R/O Khrawan Lassipora,

District Kulgam.

…Petitioner(s)

Through: Adv. Owais Ahmad Dar.

Vs.

1. Union Territory of J&K through

Station House Officer

Police Station Qazigund.

2. Summy Jan

W/O Majid Rasool Nengroo

R/O Lassipora Khrewan,

District Kulgam.

…Respondent(s)

Through: GA Zahid Qais Noor, for R-1

Adv. Tawheed Ahmad, for R-2.

CORAM: HON’BLE MR. JUSTICE M. A. CHOWDHARY, JUDGE

ORDER

13.05.2026

1. Through the medium of the present petition filed under Section

482 Cr.PC corresponding to Section 528 of the Bharatiya Nagarik

Suraksha Sanhita (BNSS) 2023, the petitioners seek quashment

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of order dated 29.04.2023 passed by the learned Judicial

Magistrate (Munsiff) Qazigund, in an application filed by

respondent No.2 herein (Summy Jan) under Section 156(3)

Cr.PC, as also FIR No. 80/2023 registered at Police Station

Qazigund for offences under Sections 376/511, 506 and 498-A

IPC, in compliance of the order dated 29.04.2023.

2. The case put up by the petitioners is that respondent No.2 lodged

a complaint before the learned Magistrate alleging commission of

offences by her husband-petitioner No.2 herein and his family

members, particularly leveling allegations against her brother-in-

law (petitioner No.1 herein). Pursuant to the order dated

29.04.2023 passed under Section 156(3) Cr.PC, the impugned

FIR No. 80/2023 came to be registered at Police Station

Qazigund.

3. Pursuant to notice, respondent No.1, despite several

opportunities, did not file reply/objections to the petition, whereas

respondent No.2-complainant filed reply and opposed the plea

raised in the petition, stating that she had been subjected to

cruelty by her in-laws, including the petitioners herein, as such,

she moved a complaint to the learned Magistrate, who had

ordered Police to register and investigate the case. It was prayed

by her that the petition be dismissed.

4. During the pendency of the proceedings before the learned

Magistrate, the parties initially entered into a compromise in an

effort to resolve their matrimonial discord, amicably. Thereafter,

upon filing of the present petition before this Court, the parties

once again affirmed and reiterated the settlement by executing a

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comprehensive compromise deed dated 15.04.2026 attested by

Public Notary, before this Court in order to bring an end to all

disputes and litigations pending inter se them.

5. As per the terms and conditions of the said compromise deed,

the petitioner No.2 and respondent No.2 being spouses, agreed

to dissolve their marriage by way of divorce and not to interfere in

the peaceful life of each other in future, subject to the condition

that petitioner No.2-husband shall pay an amount of

Rs.5,08,000/- (Rupees Five Lacs Eight Thousand only) to

respondent No.2(wife)-Summy Jan towards full and final

settlement of all claims, including maintenance, permanent

alimony and all other claims, whatsoever.

6. The compromise deed further reveals that the parties have

agreed to withdraw all civil and criminal cases, complaints and

proceedings instituted by them against each other and their

respective family members before any Court or authority.

7. Pursuant to the directions of this Court, the parties appeared

before the learned Registrar Judicial of this Court for recording of

their statements. Statements of the parties have been placed on

record, wherein they have unequivocally stated that the

compromise has been entered into voluntarily out of their free will

and without any coercion or undue influence. Respondent No.2-

Summy Jan has further stated that she does not intend to pursue

the proceedings arising out of FIR No. 80/2023 and has no

objection in case the same is quashed along with all

consequential proceedings. Respondent No.2 also stated that

she had received an