Abdul Ahad Ganie & Ors vs Ut Of J&K & Anr

Sanjay Dhar, J

1) Instant petition has been filed by the petitioners seeking quashment of criminal proceedings arising out of FIR No.83/2014 for offences under Section 147, 341 and 323 of RPC registered with Police Station, Tangmarg, that are stated to be pending before the Court of learned Judicial Magistrate 1st Class, Tangmarg.

2) As per contents of the FIR, complainant Abdul Ahad Ganie (petitioner No.1 herein), lodged a written report with Police Station Tangmarg, alleging therein that on 29.09.2014, the accused persons (petitioners No.3 to 9 herein), caught hold of him and his old aged and ailing father, whereafter they inflicted injuries upon them. The complainant and his father ran away from the spot in order to save themselves from the assailants/. On the basis of this report, the FIR was registered and investigation was set into motion. After investigation of the case, offences under Sections 147, 341 and 323 of RPC were found established against the accused persons and the challan was laid before the Court of learned Judicial Magistrate 1st Class, Tangmarg.

3) It seems that during pendency of the aforesaid proceedings, the parties i.e., petitioners herein have entered into a compromise on 07.10.2023. They have produced a copy of the compromise deed before this Court. In support of the deed of compromise, the statements of the petitioners have been recorded by the Registrar Judicial wherein they have stated that they have amicably settled their dispute and that they have no grievance against each other.

4) The petitioners have contended that so far as the case arising out of FIR No.83/2014 for offences under Section 147, 341 and 323 of RPC, is concerned, the same could not be compounded because some of the offences disclosed therein are non-compoundable in nature. It is in these circumstances that the petitioners have approached this Court for seeking quashment of the aforesaid FIR and the proceedings emanating therefrom.

5) Heard and considered

6) So far as the facts alleged in the petition, particularly those pertaining to the compromise arrived at between the petitioners, are concerned, the same are not in dispute. In the backdrop of aforesaid facts, the question arises as to whether this Court has power to quash the proceedings, particularly when some of the offences alleged to have been committed by the accused are non-compoundable in nature.

7) It is a settled law that the offences arising out of the disputes where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court will be within its jurisdiction to quash the criminal proceedings, particularly when, as a consequence of the compromise arrived at between the parties, there is remote possibility of securing conviction of the accused. In my aforesaid view, I am fortified by the judgments of the Supreme Court in the cases of Gian Singh. v. State of Punjab & another, (2012) 10 SCC 303 and Narinder Singh & Ors. Vs. State of Punjab & anr, (2014) 6 SCC 466.

8) Adverting to the facts of the instant case, it is clear that the petitioners herein who happen to be the complainant and the accused, have entered into a compromise wherein the they have categorically stated that they are not willing to pursue the impugned criminal proceedings and that they have settled their disputes which are essentially civil in nature. Petitioners No.1 and 2, who happen to be the alleged victims, do not want to proceed against the accused persons. In these circumstances, if an end is not put to the criminal proceedings, it would amount to grave injustice to the petitioners and, in fact, it will amount to frittering away of the fruits of compromise that has been arrived at between the parties. The continuance of criminal proceedings against the accused/petitioners No.3 to 9, in these circumstances, will be nothing but an abuse of process of law.

9) For the foregoing discussion, the petition is allowed and the criminal proceedings/challan arising out of FIR No.83/2014 for offences under Section 147, 341 and 323 of RPC registered with Police Station, Tangmarg, against petitioners No.3 to 9 are quashed.