Manish Charak & Anr vs Ut Of J&K & Anr

Sanjay Dhar, J

1) Instant petition under Section 482 of the Cr. P. C has been filed by the petitioners seeking quashment of charge sheet/challan arising out of FIR No.21/2019 dated 23.12.2019 for offences under Section 498-A and 109 of IPC registered with P/S Women Cell, Gandhi Nagar, Jammu.

2) As per the contents of the impugned FIR, respondent No.2, wife of petitioner No.1, has alleged that from the very beginning of her marriage with the petitioner, she has been subjected to mental torture, cruelty and harassment by petitioner and other in-laws. It is further alleged that the complainant was beaten up by her in-laws on one pretext or the other. According to complainant, her in-laws including the petitioner herein were demanding dowry from her and ultimately she was thrown out of her matrimonial house. On the basis of this report, the impugned FIR was lodged and investigation was set into motion. During the course of investigation, the offences under Section 498-A and 109 IPC against the accused and the challan was laid before the Court of Special Excise Mobile, Magistrate (3rd Civil Subordinate Judge), Jammu.

3) It seems that during pendency of the aforesaid proceedings, a compromise has been arrived at between the parties 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 that the complainant i.e., respondent No.2 herein, has no grievance against the accused/petitioners and that she does not want to pursue the criminal case.

Further, pursuant to the aforesaid compromise, marriage between the parties has been dissolved

4) The petitioner has contended that so far as the case arising out of FIR No.21/2019, is concerned, the same could not be compounded because 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 matrimonial dispute i.e., the petitioner No.1 and the 3omplainant (respondent No.2 herein), have entered into a compromise. Merely because 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) Taking conspectus of the aforesaid discussion, the petition is allowed and the charge sheet/challan arising out of FIR No.21/2019 dated 23.12.2019 for offences under Section 498-A and 109 of IPC registered with P/S Women Cell, Gandhi Nagar, Jammu, and the proceedings emanating therefrom, as against the petitioner, are quashed.

10) The petition is disposed of in above terms.