Kuldeep Raj vs State Of J&K And Another

Rajnesh Oswal, J

The present petition has been filed by the petitioner for quashing the order dated 07.03.2018 by virtue of which the petitioner has been charge-sheeted in chargesheet arising out of FIR No. 75/2017 for commission of offences under Section 354-D RPC registered with Police Station Khour at the instance of respondent No. 2.

The petitioner had sought quashing of FIR as well as the order dated 07.03.2018 on the ground that because of his enmity with the petitioner, the FIR impugned has been lodged by the respondent No. 2 against the petitioner.

It is stated that during the pendency of the said petition, petitioner No. 1 and respondent No. 2 have entered into compromise, regarding which their statements were recorded before the Registrar Judicial of this Court on 10.04.2023 wherein respondent No. 2 has categorically stated that he has no objections in the event this Court quashes the order dated 07.03.2018 whereby the petitioner has been charged for commission of offence under Section 354-D RPC.

Offence under Section 354-D RPC is non compoundable. Hon’ble the Supreme Court in case titled Shiji @ Pappu and others Vs. Radhika and another reported in 2011(10) SCC 705 has quashed the criminal proceedings on the basis of compromise arrived at between the parties in respect of offence under Section 354 IPC. In the instant case, as the parties have entered into compromise, therefore, the continuance of proceedings before the learned Judicial Magistrate 1st Class (Munsiff) Akhnoor shall be nothing but an abuse of process of law.

In view of the above, the criminal proceedings in the charge-sheet titled “State Vs. Kuldeep Raj” arising out of FIR No. 75/2017 for commission of offences under Section 354-D RPC registered with Police Station Khour at the instance of respondent No. 2 are accordingly quashed.