At, High Court of Jammu and Kashmir
By, THE HONOURABLE MR. JUSTICE RAJNESH OSWAL
For the Appellants: Zoya Bhardwaj, Advocate. For the Respondents: R1 & R2, Aseem Sawhney, AAG., R4, Veenu Gupta, Advocate.
1. The present petition has been filed by the petitioners under section 561-A Cr.P.C (now 482 Cr.P.C) for quashing the FIR bearing No. 157 dated 20.07.2018 registered with Police Station, Gandhi Nagar Jammu for commission of offences under section 380/109 RPC against the petitioners at the instance of respondent No. 4.
2. The present petition has been filed on the ground that the said FIR was lodged because of marital discord between the petitioner No. 1 and the son of the respondent No. 4.
3. Ms. Zoya Bhardwaj, Advocate submits that the petitioners and the respondent No. 4 have entered into a compromise regarding which, she has placed on record the certified copy of the judgment dated 04.01.2021 passed by the court of Additional District Judge (Matrimonial Cases) Jammu by virtue of which, the marriage between the petitioner No. 1 and the son of the respondent No. 4 stands dissolved by way of decree of divorce with mutual consent.
4. Learned counsel for the respondent No. 4 has produced the response on behalf of the respondent No. 4 in the open Court. The same is taken on record. It is stated in the response that the respondent No. 4 has no objection in the event, FIR impugned is quashed.
5. Mr. Aseem Sawhney, AAG submits that appropriate orders may be passed.
6. Offence under section 380 RPC is obviously non-compoundable, however, perusal of the petition reveals that the FIR was registered pursuant to the marital discord between the petitioner No. 1 and the son of the respondent No. 4.
7. Be that as it may, if the parties have entered into a settlement, so the continuance of the investigation in the FIR impugned shall be an exercise in futility.
8. Law is well settled that if the parties have settled their dispute amicably, then the criminal proceedings whether arising out of private complaint or out of FIR for commission of offences under sections 380 RPC can be quashed notwithstanding the fact that the section 380 RPC is non-compoundable. Reliance is placed upon a judgment of the Apex Court in case, titled, Jatinder Raghuvanshi and ors. v Babita Raghuvanshi and anr. reported in 2013 (4) SCC 58, in which it has been held that even if the offences are non compoundable, if they are relate to matrimonial disputes and the Court is satisfied that the parties have settled the dispute amicably and without any pressure, then section 320 of the Code would not be a bar to the exercising of power of quashing of FIR, complaint or the subsequent criminal proceedings.
9. In view of the amicable settlement arrived at between the petitioners and
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respondent No. 4, criminal proceedings in FIR bearing No. 157 dated 20.07.2018 registered with Police Station, Gandhi Nagar Jammu for commission of offences under section 380/109 RPC are quashed. 10. The present petition is, accordingly, disposed of along with connected applications.