Jammu and Kashmir High Court

CRM(M)/895/2021 of HONEY KAPAHI AND OTHERS Vs UT OF J AND K TH SHO PS PACCA DANGA AND ANOTHER on 31 December 2022

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OF JAMMU, KASHMIRAND LADAKH ATJAMMU CRM(M) 895/2022 Honey Kapahi and others .....Petitioner/appellants (s) Through:- Mr. Amit Gupta, Advocate, v/s Union Territory of J&K and another .....Respondent(s) Through:- Mr. Pawan Dev Singh, Dty.AG Mr. Karan Kapoor, Advocate Coram: HON’BLE MR.

HIGH COURT OF JAMMU, KASHMIRAND LADAKH ATJAMMU

CRM(M) 895/2022

Honey Kapahi and others

.....Petitioner/appellants (s)

Through:-Mr. Amit Gupta, Advocate,

v/s

Union Territory of J&K and another

.....Respondent(s)

Through:-Mr. Pawan Dev Singh, Dty.AG

Mr. Karan Kapoor, Advocate

Coram:

HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE

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ORDER

1. By this petitionfiled under Section 482 Cr.P.C petitioners seek quashment of the challan/charge sheet filed by respondent No. 1 against the petitioners in pursuance to FIR No. 0151/2020 dated 14.12.2020 registered with Police Station, Paca Danaga, Jammu for commission of offences punishable under Sections 504, 354, 323, 341, 506, 120-B IPC pending disposal in the Court of learned Excise Magistrate, Jammu, on the ground that the same has been registered on false allegations.

2. The case in brief is that the petitioner No. 1 is the husband, petitioner No. 2 is the mother-in-law, petitioner No, 3 is the brother-in-law and petitioner No. 4 is the father-in-law of respondent No. 2, who has lodged an FIR No. 0151/2020 for commission of offences punishable under Sections 504, 354, 323, 341, 506, 120-B IPC against the petitioners.

4. Learned counsel for the petitioners submits that the disputes and differences have been amicably settled between the respondent No. 2 herein and petitioners and memo of compromise also executed thereof, as such, prays for disposal of the instant petition and consequently, quashment of the challan/charge sheet filed by respondent No. 1 against the petitioners in pursuance to FIR No. 0151/2020 dated 14.12.2020. The statements of the petitioners and respondent No. 2 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 held that 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 challan/charge sheet filed against the petitioners, therefore, challan/charge sheet filed by respondent No. 1 against the petitioners in pursuance to FIR No. 0151/2020 dated 14.12.2020 pending disposal in the Court of learned Excise Magistrate, Jammu shall stand quashed.

8. The petition stands disposed of, accordingly, along with connected applications.

Jammu31.12.2022 Bir

(VINOD CHATTERJI KOUL) JUDGE

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