Rehana Sultan And Ors vs UT Of J&K

Mohan Lal, J

By invoking the inherent powers jurisdiction under Section 482 of the Code of Criminal Procedure (hereinafter referred as to the „Code‟), petitionersby instant petition seek quashment of FIR No. 13/2021 dated 03.07.2021registered against petitioner no. 2 and 3 in Police Station Women‟s Wing Ram Bagh, Srinagarfor the commission of offences punishable under section 498-A, 406 and 201 IPC.

It is averred, thatthe petitionerno. 1 and 2 were legally wedded husband and wife married in the year 2020 and after some time of the marriage the matrimonial relation between the petitioners 1 and 2 did not remain cordial and the same resulted in filing of various litigations before different courts as the petitioner no. 1 filed a petition u/s 12 of Domestic Violence Act before the Special Mobile Magistrate (Passenger Tax and Electricity), Srinagar and also the FIR bearing no. 13/2021 dated 03.07.2021 in Police Station Women‟s Wing Ram Bah, Srinagar, under Sections 498-A, 406 and 201 IPC against husband (Petitioner no. 2) and sister-in-law (Petitioner no. 3) and also against her mother-in-law (dead now) and filing of the said FIR ultimately culminated in presentation of the charge sheet which is pending disposal before the learned Court of City Judge, Srinagar and charge has been framed against some of the accused persons on 27.06.2022. It is further averred, that after sometime of litigating against each other, the petitioner no. 1 and 2 entered into a compromise at Mohalla Committee on 29.011.2021 whereby the petitioners settled all the terms against each other and decided to get separated and to withdraw the cases pending in any court and petitioner no. 2 has agreed to pay Rs. 5.00 lacs towards petitioner no. 1 and paid 2.50 lacs and rest was to be paid after withdrawal of cases by petitioner no. 2 and thereafter the parties also executed a formal settlement deed dated 29.11.2021 in terms of the said compromise deed wherein the petitioners reiterated that the petitioner no. 1 and 2 will withdraw all the cases which are pending in different courts against each other and their family members and petitioner no. 1 and 2 decided to get separated.

On 27.10.2022 the petitioners filed CM no. 1315/2022 seeking permission to place on record compromise/settlement dated 29.11.2021 and compromise deed dated 29.06.2022 which was allowed vide this Court‟s order dated 10.02.2023 whereby the compromise/settlement deed dated 29.11.2021 and compromise deed dated 29.06.2022 were permitted to be placed on record with direction to the learned counsel for the petitioners to get recorded the statements of the petitioner no. 1 and 2 before the Registrar Judicial of this Court. Petitioners have supported the averments of the petition by an affidavit.

Pursuant to the order dated 10.02.2023, the Registrar Judicial has recorded the statements of the petitioner no. 1 and 2 on oath, the same are placed on record and read as under:-

Statement of Rehana Sultan (Petitioner no. 1) Aged 26 years D/o Mohammad Sultan Khan R/o Maloora, Shalteng, Srinagar, on oath today i.e15.02.2023;

“Stated, that she has arrived at compromise with the Petitioner no. 2 Abdul Rashid Kumar Aged about 30 years S/o Mohammad Sultan Khan R/o Chandpora, Habakadal, Srinagar and settled all the disputes inter se themselves, amicably. Further stated that she has separated from the Petitioner no. 2 by executing mutual divorce deed on 28th June, 2022; that she will withdraw all the litigation s filed against the petitioner no. 1 and his family members including petitioner no. 3; that she will abide by all the terms and conditions as laid down in the compromise deed and that shw has now no grievance against the petitioner no. 2 and his family members and seeks disposal of the petition in light of the compromise.”

Statement of Abdul Rashid Kumar (petitioner no. 2); Age; 30; S/o Mohammad Sultan Kumar R/o Chandpora, Habba Kadal, Srinagar on oath today i.e15.02.2023;

“Stated, that he has arrived at compromise with the Petitioner no. 1 Rehana Sultan Aged about 26 years D/o Mohammad Sultan Khan R/o MalooraShalteng, Srinagar and settled all the disputes inter se themselves, amicably, Further stated that he has separated from the petitioner no. 1 by executing mutual divorce deed on 28th June, 2022; that he will withdraw all the litigations, filed against the Petitioner no. 1; that he will abide by all the terms and conditions as laid down in the compromise and that he has now no grievance against the petitioner no. 1 and seeks disposal of the petition in light of the compromise.”

Bare perusal of the statements of petitioner no. 1 and 2 placed on record demonstrate that the parties have entered into a compromise whereby they have settled their differences.

Hon‟ble Apex Court in the case of B. S. Joshi & others Vs State of Haryana and another, reported in (2003) 4 SCC 675 while discussing the ambit and scope of inherent powers of High Courts under Section 482 CPC in paras 1, 14, 15 and 16 held as under :

“1.The question that falls for determination in the instant case is about the ambit of the inherent powers of the High Courts under Section 482, Code of Criminal Procedure (Code) read with Articles 226 and 227 of the Constitution of India to quash criminal proceedings. The scope and ambit of power under Section 482 has been examined by this Court in catena of earlier decisions but in the present case that is required to be considered in relation to matrimonial disputes. The matrimonial disputes of the kind in the present case have been on considerable increase in recent times resulting in filing of complaints by the wife under Sections 498A and 406, IPC not only against the husband but his other family members also. When such matters are resolved either by wife agreeing to rejoin the matrimonial home or mutual separation of husband and wife and also mutual settlement of other pending disputes as a result whereof both sides approach the High Court and jointly pray for quashing of the criminal proceedings or the First Information Report or complaint filed by the wife under Sections 498A and 406, IPC, can the prayer be declined on the ground that since the offences are non-compoundable under Section 320 of the Code and, therefore, it is not permissible for the Court to quash the criminal proceedings or FIR or complaint.

14.There is no doubt that the object of introducing Chapter XX-A containing Section 498A in the Indian Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counterproductive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XXA of Indian Penal Code.

15.In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code.

16.For the foregoing reasons, we set aside the impugned judgment and allow the appeal and quash the FIR above mentioned.”

The ratio of judgment of B. S. Joshi‟s case (supra) makes the legal proposition abundantly clear that the High Court has inherent powers under Section 482 of the Code of Criminal Procedure to quash the proceedings to meet the ends of justice if the parties have settled their disputes amicably by a compromise. The ratio of judgments (supra) is squarely applicable to the case in hand.

In view of the above, this petition stands allowed. Consequently, FIR No. 13/2021 dated 03.07.2021 registered in Police Station Women‟s Wing Ram Bagh Srinagar for the commission of offences punishable under sections498-A, 406 and 201 IPCagainst the petitioner no. 2 and 3 on the complaint of petitioner no. 1alongwith all consequential proceedings pending in the Court of learned City Judge, Srinagar, for committal proceeding, in view of compromise arrived at between the parties, stand quashed.

Disposed of accordingly along with all connected CM(s).

Copies of this order be provided to the court below/SHO Police Station, Women‟s Wing Ram Bagh, Srinagar, for information and compliance.