Tosh Chander And Others vs Union Territory Of Jammu And Kashmir And Others

Tashi Rabstan, J

Petitioners have invoked the inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure for quashing the FIR No.81/2016 dated 01.09.2016 registered with Police Station, Lakhanpur, Kathua and challan titled "State vs. Tosh Chander and ors." for the commission of offence punishable under Section 498-A/109 RPC pending before the court of learned Munsiff (Judicial Magistrate Ist Class), Kathua.

Mr. Anuj Sawhney, learned counsel for the petitioners states at the Bar that this petition can be disposed of, at its threshold, as the dispute has already been settled mutually between the parties by arriving at an amicable settlement outside the Court. His statement is taken on record.

All the petitioners are present in person before the Court jointly submit that issue has been resolved amicably and on that count, the deed of compromise dated 11.11.2019 has also been executed, copy whereof is enclosed as Annexure-II with this petition. Petitioners present in person are also identified by Mr. Anuj Sawhney, learned counsel and they have put their signatures on backside of page No.3 of this petition. Xerox copies of Aadhaar cards of the petitioner Nos. 1, 3 and 4 have also been obtained and the same are taken on record.

The Apex Court in case, titled as, Jitendera Raghuvanshi vs Babita Raghuvanshi, (2013) 4 SCC 58, has observed that "it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings."

The aforesaid judgment directly applies to the present case.

In view of the facts and circumstances of this case and settled law position, this petition is, disposed of, and the criminal challan titled "State vs. Tosh Chander and ors." pending before the Court of learned Munsiff (Judicial Magistrate Ist Class), Kathua, as also the FIR No. 81/2016 dated 01.09.2016 registered with Police Station, Lakhanpur, Kathua are hereby set aside.