Jammu & Kashmir High CourtSurinder Kumar Sharma And Anr vs Ut Of J&K And Ors on 17 April, 2023Author:Rajnesh OswalBench:Rajnesh Oswal112\n\n\n\n     HIGH COURT OF JAMMU & KASHMIR AND LADAKH\n                     AT JAMMU\n                                                    CRM(M) No. 249/2022\n\n\nSurinder Kumar Sharma and Anr.                     .....Appellant(s)/Petitioner(s)\n\n\nq\n                       Through: Mr. Sudesh Sharma, Advocate\n                  vs\nUT of J&K and ors.                                               ..... Respondent(s)\n                       Through: Mr. Adarsh Bhagat, GA\n                                Mr. G. S. Thakur, Advocate\n\nCoram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE\n\n                               ORDER (ORAL)1.       The instant petition underSection 482Cr.P.C. has been filed by the\n\npetitioners for quashing the challan/charge sheet bearing file No. 150/Challan\n\narising out of FIR No. 26/2019 for commission of offences under Section 498-\n\nA/506 RPC pending before the Court of learned Sub Judge (Chief Judicial\n\nMagistrate), Doda to the extent of petitioners.2.       It appears that due to marital discord, respondent No. 2-wife has filed\n\nFIR No. 26/2019 against the proforma respondent No. 3 and his parents for\n\ncommission of offence under section 498-A and 506/RPC, which has\n\nculminated into the impugned challan/charge sheet. The charge sheet has been\n\nchallenged on the ground that prosecution under Section 498-A is not\n\npermissible against the relatives of the husband and that there is no clear\n\nallegation with regard to demand of dowry or domestic violence and further\n\nthat the contesting parties have settled the dispute amicably.2              CRM(M) No. 249/20223.      Pursuant to statement made by the learned counsel for the petitioners\n\nthat the parties have amicably settled their disputes, statements of respondent\n\nNo. 2 and proforma respondent No. 3 were recorded before the Registrar\n\nJudicial, wherein they have stated they have mutually agreed to dissolve their\n\nmarriage and have filed a joint petition for dissolution of marriage, which is\n\npending before the Court of District Judge, Bhaderwah. The proforma\n\nrespondent has stated that he has already paid alimony to the tune of Rs.\n\n10,00,000/- to respondent No. 2. The said fact has been admitted by respondent\n\nNo. 2 in her statement. The respondent No. 2 has stated that she has no\n\nobjection in case the impugned FIR lodged by her against the petitioners as\n\nwell as charge sheet bearing file No. 150/Challan, pending before the Court of\n\nlearned Sub Judge (Chief Judicial Magistrate), Doda and the proceedings\n\nemanating there from, are quashed by this Court.4.         It needs to be noted here that offences under sections 506 RPC is\n\ncompoundable, whereas offence under section 498-A RPC is non-\n\ncompoundable.5.      Law is well settled that if the parties have settled their disputes\n\namicably, then the criminal proceedings whether arising out of private\n\ncomplaint or out of FIR for commission of offences under sections 498-A can\n\nbe quashed, notwithstanding the fact that the section 498-A RPC is non-\n\ncompoundable. Reliance is placed upon a judgment of the Apex Court in case,\n\ntitled, Jatinder Raghuvanshi and ors. V. Babita Raghuvanshi and anr.\n\n2013 (4) SCC 58, in which it has been held that even if, the offences are non\n\ncompoundable, if they are relate to matrimonial disputes and the Court is3              CRM(M) No. 249/2022satisfied that the parties have settled the dispute amicably and without any\n\npressure, thensection 320of the Code would not be a bar to the exercising of\n\npower of quashing of FIR, complaint or the subsequent criminal proceedings.\n\n(See also the State of Madhya Pardesh V. Laxmi Narayan (2019)5 SCC688).6.      In view of the amicable settlement arrived at between the contesting\n\nparties, challan/charge sheet bearing file No. 150/Challan, arising out of FIR\n\nNo. 26/2019 for commission of offences under Section 498-A/506 RPC,\n\npending before the Court of learned Chief Judicial Magistrate, Doda and the\n\nproceedings emanating therefore, if any, are quashed.7.      Disposed of.(RAJNESH OSWAL)\n                                                              JUDGE\n\nJammu\n17.04.2023\nKaram Chand/Secy.