CRM(M)/1105/2022 of INDU SHARMA AND OTHERS Vs U T OF J AND K TH SHO POLICE STATION BAKSHI NAGAR JAMMU AND OTHERS on 31 December 2022

1. Through the medium of the instant petition filed under section 482 Cr.P.C, the petitioners seek quashment of FIR No.0031/2022 dated 15.03.2022 registered with Police Station Bakshi Nagar, Jammu against the petitioners under Section 354, 341, 323, 34, 504, 506 IPC.

2. Heard and considered and perused the record. 3. A civil dispute as is discernible from perusal of the file, have been arisen between the petitioner No. 1 and husband of respondent No.3, namely, Moti Lal Sharma and his maternal uncle, namely, Pyare Lal Raina. It is stated that the aforesaid civil dispute was with respect to a double story shop constructed over a piece of land measuring 11’x18’ comprised under Khasra No. 850 min, Khata No. 580 min and Khewat No. 82 situated at Toph Sherkhania, Subash Nagar, Jammu which is claimed to owned and possessed by the husband of petitioner No. 1-Late Sanjay Sharma who during his lifetime had executed an agreement to sell dated 15.10.2020 with respect to the aforementioned shop with Pyare Lal Raina maternal uncle of the petitioner No. 1

4. Learned counsel for the petitioners submits that the said Pyare Lal Raina filed a civil suit titled Pyare Lal Raina vs. Indu Sharma before the 3[rd]Addl. Munisff, Jammu and petitioner No. 1 also filed a civil suit against the Pyare Lal Raina before the Court of learned Passenger Tax Jammu with regard to the aforesaid shop. It is further submitted that the FIR in question which is outcome of civil disputes between the parties and said disputes have been resolved by them, therefore, in view of the disputes resolved between the parties, the FIR in question is required to be quashed otherwise continuation of the FIR would result in travesty of justice. The settlement document/agreement has been placed on record as annexure-II. The said agreement has been entered into between Pyare Lal Raina, Nisha Sharma and Indu Sharma by virtue of which the parties have settled the issues/disputes and amicably withdrawn all the disputes pending in different Courts.The statements of the petitioner No. 1 and respondent No. 3 have already been recorded in support of the compromise before the Registrar Judicial of this Court.

5. It will be appropriate and advantageous herein to refer to the case titled Gian Singh v. State of Punjab,(2012) 10 SCC 303 in which the Supreme Court had amply clarified the legal position in recognizing the position of compromise. The court in the above mentioned case held that:- “……the High Court must consider whether it would be unfair or contrary to the interest of justice to continue with the criminal proceeding or continuation of the criminal proceeding would tantamount to abuse of process of law despite settlement and compromise between the victim and wrongdoer and whether to secure the ends of justice, it is appropriate that criminal case is put to an end and if the answer to the above question(s) is in affirmative, the High Court shall be well within its jurisdiction to quash the criminal proceeding.”

6. Thus, the Supreme Court heldthat no useful purpose would be served by keeping the proceedings alive. It will be in the interest of justice, if the settlement reached between the parties is accepted

7. In view of the amicable settlement between the parties, it would be appropriate and in the interest of justice to put an end to the proceedings while quashing FIR in question, therefore, FIR No.0031/2022 dated 15.03.2022 registered with Police Station Bakshi Nagar, Jammu against the petitioners under section 354, 341, 323, 34, 504, 506 IPC is hereby quashed.

8. Copy of the order be sent to SHO Police Station, Bakshi Nagar, Jammu for information and compliance.

Jammu: 31.12.2022 Vijay

(Vinod Chatterji Koul) Judge