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Judgment
The petitioners, through the medium of present petition, are seeking quashment of criminal proceedings arising out of FIR No.151/2021 for offences under Section 147, 341, 354 and 447 RPC registered with Police Station, Qazigund, which are stated to be pending before the Court Judicial Magistrate, 1st Class, Qazigund Anantnag.
As per contents of the impugned FIR, on 23.06.2021, the complainant (respondent No.3 herein) lodged a written report with the police alleging therein that she has a land dispute with the accused persons and in this regard numerous quarrels took place between them. It was alleged that when husband of the complainant, who is a government employee, left for duty on 23.06.2021 at about 09.00 a.m., the accused persons entered the courtyard of the complainant and they started abusing her. When she objected to the same, the accused persons extended serious threats to her. It was alleged that accused No.1 and 2 caught hold of mother-in-law of the complainant, assaulted her and pulled down her headgear thereby outraged her modesty.
On the basis of aforesaid report, the impugned FIR was registered and investigation was set into motion. After investigation of the case, offences under Section 147, 341 447 and 354 IPC were found established against the petitioners and the challan was laid before the trial court.
It seems that the parties have entered into a compromise on 29th July, 2025. They have produced a copy of the compromise deed before this Court. In support of the deed of compromise, the statements of the petitioners and the complainant (respondent No.3 herein) and respondents No.3 and 4 have been recorded by the Registrar Judicial on 12.05.2026, wherein they have stated that good sense has prevailed upon them and that they have amicably settled and resolved all their disputes. They have further stated that they have no grievance against each other. Complainant/respondent No.3 has stated that she does not want to pursue the criminal proceedings against the accused/petitioners.
The petitioners have contended that the offences arising out of impugned FIR could not be compounded because some of the offences disclosed therein are non-compoundable in nature. It is in these circumstances that the petitioner has approached this Court for seeking quashment of the aforesaid FIR and the proceedings emanating therefrom.
Heard and considered.
So far as the facts mentioned in the compromise deed, are concerned, the same are not in dispute. In the backdrop of aforesaid facts, the question arises as to whether this Court has power to quash the proceedings, particularly when some of the offences alleged to have been committed by the accused are non-compoundable in nature.
It is a settled legal position that the offences arising out of the disputes where the wrong is basically private or personal in nature or the disputes arise out of matrimony and the parties have resolved their entire dispute, the High Court will be within its jurisdiction to quash the criminal proceedings, particularly when, as a consequence of the compromise arrived at between the parties, there is remote possibility of securing conviction of the accused. In my aforesaid view, I am fortified by the judgments of the Supreme Court in the cases of Gian Singh. v. State of Punjab & another, (2012) 10 SCC 303, Narinder Singh & Ors. Vs. State of Punjab & anr, (2014) 6 SCC 466 Ramgopal and another vs. State of Madhya Pradesh, (2022) 14 SCC 531, Anil Mishra vs. State of UP & Ors, (2024) 3 SCR 385, and K. Bharathi Devi vs. The State of Telangana (SLP (Criminal) No.4353 of 2018 decided on 3rd October, 2024),
Adverting to the facts of the instant case, it is clear that the parties have entered into a compromise wherein the complainant has categorically stated that she is not willing to pursue the criminal proceedings against the petitioners and that the parties have settled their disputes amicably. The wrong alleged to have been committed by the petitioners upon respondent No.3, which is subject matter of the impugned FIR, arises out of a private/civil dispute between the partes. In these circumstances, if an end is not put to the criminal proceedings, it would amount to giving a fresh lease of life to the dispute which has been settled by parties amicably and it will amount to frittering away of the fruits of compromise that has been arrived at between the parties. The continuance of criminal proceedings against the accused/petitioners in these circumstances, will be nothing but an abuse of process of law.
For the foregoing discussion, the petition is allowed and the criminal proceedings arising out of FIR No.151/2021 for offences under Section 147, 341, 354 and 447 RPC registered with Police Station, Qazigund, against petitioners are quashed.