Mohammad Ramzan Bhat & Ors vs UT Of J&K & Anr

Sanjay Dhar, J

1) Instant petition has been filed by the petitioners seeking quashment of charge sheet/challan arising out of FIR No.116/2016 for offences under Section 498-A RPC registered with Police Station, Saddar, pending before the Court of Judicial Magistrate, 1st Class (City Munsiff), Srinagar.

2) As per the prosecution case, respondent No.3, Shaila Rashid, lodged a written report against her in-laws including the petitioners herein, alleging therein that on 07.06.2016, she entered into a wedlock with one Imtiyaz Ahmad, who happens to be the son of petitioner No.1 herein. It was alleged that after the marriage, the behaviour of her in-laws changed without any reason, which resulted in strained matrimonial relations between complainant and her husband. It was further alleged in the complaint that the complainant was harassed and beaten up by her in-laws and ultimately thrown her out of her matrimonial house. On the basis of this report, the aforesaid FIR was lodged and investigation was set into motion. After completion of the investigation, the offence under Section 498-A RPC was found established against the accused including the petitioners herein and, accordingly, on 19.12.2016 the challan in the matter has been presented before the Court of Judicial Magistrate, 1st Class (City Munsiff), Srinagar.

3) It seems that during pendency of the aforesaid proceedings, a compromise was arrived at between the parties and as per the said compromise, the parties i.e., complainant and the accused have settled their disputes amicably and the parties, as per the compromise, now want to live peacefully without involving themselves in further litigation. It is further stated in the compromise deed that the complainant i.e., transposed respondent No.3 herein, does not want to pursue the criminal case. The parties to the dispute i.e., petitioners herein and respondent No.3(complainant), have made statements before the Registrar Judicial today on 22.08.2022, wherein they have admitted the aforesaid position.

4) The petitioners have contended that so far as the case arising out of FIR No.116/2016, is concerned, the same could not be compounded because the offence disclosed therein i.e., offence under Section 498-A RPC, is 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.

7) 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. 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. In these circumstances, 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 petitioners and the complainant (respondent No.3 herein), have entered into a compromise and that compromise has also been acted upon by the parties, inasmuch the parties are living peacefully in terms of the compromise. Merely because the offence alleged in the challan is 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.116/2016 for offences under Section 498-A RPC registered with Police Station, Saddar, pending before the Court of Judicial Magistrate, 1st Class (City Munsiff), Srinagar, and the proceedings emanating therefrom, as against the petitioners, are quashed,.

10) The petition is disposed of in above terms.

11) A copy of this order be sent to the trial court for information.