IN THE HIGH COURT OF JAMMU AND KASHMIR

AT JAMMU

CRM(M) 18/2021

CrlM Nos. 70/2021,

363/2021

Karanjeet Kour and ors

... Petitioner(s)

Through: -Mr.M. Tariq Mughal Advocate.

Vs.

Union Territory J&K and another

Respondent(s)

Through: - Mr. Aseem Sawhney AAG

CORAM:

HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

JUDGMENT

1

The instant petition came to be filed by the petitioners seeking

quashment of FIR No. 09/2017 dated 01.03.2017 for offences under

Sections 498-A/406/109 RPC registered with Police Station, Women

Cell, Gandhi Nagar,Jammu together with the challan pending disposal

before the Court of learned Judicial Magistrate 1^st Class (City Judge),

Jammu and the consequent proceedings initiated thereon by the learned

Magistrate, on the basis of compromise arrived at between the parties.

2

It is the case of the petitioners that petitioner No. 1 and petitioner

No.2 are legally wedded couple, whereas, petitioners No. 3 & 4

happen to be the parents of petitioner No.2, petitioner No.5 happens to

be the brother of petitioner No.2, petitioners No.6 and 7 happens to be

the maternal grandfather and grandmother of petitioner No.2 and

petitioner No.8 happens to be the maternal uncle of petitioner No.2.

2

According to the petitioners, after the solemnization of their marriage,

relations between them got strained. This led to their separation giving

rise to filing of a complaint under Section 12 of the Protection of

Woman from Domestic Violence Act before the Court of learned

JMIC/ City Judge, Jammu. During the pendency of the said complaint,

petitioner No.1 also lodged FIR No. 09/2017 with the Police Station,

Women Cell, Jammu against the other petitioners which led to the

filing of the challan before the trial Court.

3.

I have heard learned counsel for the parties and perused the

record.

4

It appears that, during the pendency of aforesaid litigation, good

sense prevailed upon the parties and they settled their disputes. In this

direction, they filed a petition for grant of divorce by mutual consent

before the Court of learned Additional District Judge (Matrimonial

Cases), Jammu. It is pertinent to mention here that during the pendency

of said petition, a compromise deed had also been executed between

the parties on 24.11.2020, copy whereof has been placed on record by

the petitioners. As per the terms of the said compromise deed, it has

been agreed by both the parties that they will not file any litigation in

future against each other and that they have amicably decided not to

pursue the criminal cases filed against each other in Police

Stations/Courts concerned which included the impugned FIR.

5

It appears that the learned Additional District Judge

(Matrimonial Cases), Jammu, after recording the statements of the

3

parties wherein the parties have stated that there is nothing outstanding

against each other, dissolved the marriage of petitioners Nos.1 and 2

by passing a decree of divorce by mutual consent under Section 13-B

of the Hindu Marriage Act. It is submitted that in view of the

compromise arrived at between the parties and the mutual divorce

between the parties, complaint under Section 12 of Protection of

Woman from Domestic Violence Act pending disposal before the Court

of learned JMIC/City Judge, Jammu has also been dismissed as

withdrawn vide order dated 09.01.2021

6 This Court, vide order dated 17.02.2021, directed the parties to

appear before the Registrar Judicial of this Court for recording their

statements in support of the compromise arrived at between them,

whereafter their statements were recorded by the learned Registrar

Judicial wherein petitioners Nos.1 and 2 have stated that they have

entered into a compromise and have amicably settled all their disputes

and issues.

7

Referring to the aforesaid settlement, it is submitted by the

petitioners that all the dispu