Majeed Ahmed & Others vs Ut Of J&K & Another

Sanjay Dhar, J

1) Instant petition has been filed by the petitioners seeking quashment of FIR No.0015/2021 dated 28.02.2021 for offences under Section 147, 447, 323, 504 and 506 of IPC registered with P/S Amb Gharota, Jammu.

2) As per the contents of the impugned FIR, respondent No.2 has alleged that the petitioners have a long standing land dispute with him. It is alleged that the petitioners with common and criminal intention, forcefully entered the land of the complainant party and started destroying the fencing of the said land. It is further alleged that the complainant party tried to stop the accused but they used abusive language and attacked them with fists and bows and during this assault, petitioner Majeed Ahmad attacked on head and arm of one Mohd Shameem by a sharp edged weapon thereby seriously injuring him. It is also alleged that the accused party caused head injury to one Ghulam Qadir by hitting him with stones. On the basis of this report, the impugned FIR was lodged and investigation was set into motion. During the course of investigation, the offences mentioned in the impugned FIR were found established against the accused/petitioners..

3) It seems that during pendency of the aforesaid proceedings, a compromise has been arrived at between the parties on 23.11.2022 and as per the said compromise, the parties i.e., complainant and the accused have settled their disputes amicably. It is stated in the compromise deed dated 23.11.2022 that the complainant i.e., respondent No.2 herein, has no grievance against the accused/petitioners herein and that he does not want to pursue the criminal case. The complainant (respondent No.2) and the petitioner No.1 have made a statement before the Registrar Judicial on 03.12.2022, wherein they have admitted the aforesaid position.

4) The petitioner has contended that so far as the case arising out of FIR No.0015/2021 dated 28.02.2021 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 charge sheet.

5) I have heard learned counsel for the parties and perused the record of the case.

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

7) It is a settled law that the offences arising out of matrimony relating to dowry or the family 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 if it is shown that because of the compromise arrived at between the parties, there is remote possibility of securing conviction of the accused. It would amount to extreme injustice if despite settlement having been arrived at by the parties, the criminal proceedings are allowed to continue. 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 parties to the dispute i.e., the petitioners and the complainant (respondent No.2 herein), have entered into a compromise and that the alleged occurrence owes its origin to civil dispute between the parties. Merely because some of the offences alleged in the FIR are non-compoundable in nature, 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 petitioners, in these circumstances, will be nothing but an abuse of process of law.

9) Viewed thus, the petition is allowed and the FIR No.0015/2021 dated 28.02.2021 for offences under Section 147, 447, 323, 504 and 506 of IPC registered with P/S Amb Gharota, Jammu, and the proceedings emanating therefrom, as against the petitioners, are quashed.

10) The petition is disposed of in above terms.