HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT JAMMU

CRM(M) 740/2021

d

Rohit Koul

..... petitioner (s)

Through :- Mr.P.N.Raina Sr. Advocate with

Mr. J. Hamal Advocate

V/s

UT of Jammu and Kashmir and another

.....Respondent(s)

Through :-

Mr. Sachin Gupta Advocate for

R-2.

Coram: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE

ORDER (ORAL)

CrlM No. 1355/2022

This is an application for placing on record a copy of compromise

agreement dated 26.07.2022 along with order passed by Pre-National Lok

Adalat on 02.08.2022 and order dated 02.08.2022 passed by the Principal

Family Court Jammu.

For the reasons stated in the application, the same is allowed and the

documents annexed with the application are taken on record.

CRM(M) 740/2021

1

Instant petition has been filed by the petitioner seeking quashment

of entire criminal proceedings including order dated 05.10.2021 passed by the

Court of learned Special Mobile Magistrate 13^th Finance Commission

(Sub Judge), Jammu framing charge against the petitioner in case titled ‘State

vs. Rohit Koul in File No.53/challan pending disposal before the said Court.

2

2

The case set up by the petitioner is that marriage between him and

respondent No.2 was solemnized at Jammu in accordance with Hindu rituals

and that out of this wedlock, one male child was born. It is contended that due

to some personal differences and dispute arising between the petitioner and

respondent No.2, husband and wife, respondent No.2 came out of the

matrimonial society of the petitioner and started living separately, whereafter

she filed a complaint under Domestic Violence Act in the Court of learned City

Judge, Jammu against the petitioner and his parents and that the same is

pending adjudication. As per the petitioner, respondent No.2 has also filed a

petition for grant of maintenance under Section 488 CrPC which is also

pending adjudication. The petitioner has submitted that, on a complaint filed by

respondent No.2, SHO P/S Domana has registered a case bearing FIR

No. 167/2018 against the petitioner and after completion of the investigation,

challan has been presented before the Court of Special Mobile Magistrate 13^th

Finance Commission (Sub Judge), Jammu and charge has been framed against

the petitioner.

3

It seems that during the pendency of these proceedings, a

compromise was arrived at between the petitioner and respondent No.2, a copy

whereof is annexed with the petition whereby the parties have settled their

disputes amicably.

4

A perusal of order dated 02.08.2022 passed by the Pre-National

Lok Adalat, Jammu and order dated 02.08.2022 passed by the Principal Judge,

Family Court, Jammu, reveals that due to the compromise effected between the

parties, respondent No.2 withdrew both the aforesaid petitions i.e petition

under Section 488 Cr.P.C and the petition filed under Section 12 of J&K

Protection of Women from Domestic Violence ACT, 2010. The petitioner

3

now, on the basis of the aforesaid compromise, prays for quashing the entire

proceedings pending disposal before the Court of learned Special Mobile

Magistrate 13^th Finance Commissioner (Sub-Judge) Jammu. In this regard, the

petitioner and respondent No.2 have also made statements before the Registrar

Judicial today, wherein they have admitted the contents of the deed of

compromise as well as its execution.

5)

It is contended that so far as the case arising out of FIR

No.167/2018, which is pending before the Court of Special Mobile Magistrate

13^th Finance Commission, Jammu is concerned, the same could not be

compounded because the offence of which cognizance has been taken by the

learned Court against the petitioner is non-compoundable in nature. It is in

these circumstances that the petitioner has ap