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Judgment
Rajnesh Oswal, J
1) The petitioners have filed the present petition under Section 482 Cr. P.C. for quashing the charge sheet titled, “State of J&K vs. Bhawani Kaintura”, bearing No. 27/2018 dated 18.07.2018 arising out of FIR No. 15/2018, registered with Police Station, Channi Himmat for commission of offences under Sections 408 and 201 of RPC on the ground that the parties have entered into a compromise on 22.11.2022, whereby they have settled the dispute amicably.
2) The instant petition has been filed by both the complainant and the accused, who figure as petitioner No. 1 & 2 in the petition. Pursuant to the order dated 18.03.2023, the statements of petitioners have been recorded before the Registrar Judicial.
3) In her statement, the petitioner No. 2, who happens to be the complainant in FIR No. 15/2018 registered with Police Station, Channi Himmat for commission of offences under sections 408 and 201 of RPC, has stated that she has amicably resolved all disputes and issues with the petitioner No. 1 and has no grievance against her. She has further stated that she has no objection in case this Court quashes the charge sheet titled, “State of J&K vs. Bhawani Kaintura” pending before the Court of learned City Jude, Jammu. The petitioner No. 1 has also admitted execution of compromise deed dated 22.11.2022 between the petitioners.
4) Heard and considered.
5) Offence under Section 408 Cr. P.C. is compoundable only if the value of the property does not exceed to Rs. 250/- and the permission is given by the Court, where the case is pending. Since the allegations against the petitioner No.1 in the FIR are such that offence under Section 408 Cr. P.C. is not compoundable in the present case. Similarly, offence under Section 201 Cr. P.C. is also not compoundable.
6) Taking into account the compromise deed dated 22.11.2022 arrived at between the petitioners, which has been admitted by both the petitioners as the petitioner No. 2 has made the statement that she has settled the dispute with the petitioner No. 1, therefore, the continuance of criminal proceedings against the petitioner No. 1 in the charge sheet titled, charge sheet titled, “State of J&K vs. Bhawani Kaintura” pending before the Court of learned City Judge, Jammu in these circumstances will be nothing but an exercise in futility.
7) Viewed thus, the petition is allowed and charge sheet tithed, “State of J&K vs. Bhawani Kaintura” bearing No. 27/2018 dated 16.07.2018 pending before the court of learned City Judge, Jammu, arising out of FIR No. 15/2018 registered with Police Station, Channi Himmat under sections 408 & 201 RPC is quashed.