Hassan Basre & Ors vs Union Territory Of J&K And Another on 10 February, 2023

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Jammu & Kashmir High Court

Hassan Basre & Ors vs Union Territory Of J&K And Another on 10 February, 2023

1. By this common order, I would like to dispose of aforesaid three petitions filed under Section 482 of the Code of Criminal Procedure, viz; CRM(M) No. 246/2020, CRM(M) No. 271/2020 and CRM(M) No. 29/2021, as the parties involved in all the petitions are relative to each.

CRM(M) No. 246/2020

2. In this petition, the petitioners seek quashing of FIR No.428/2020 dated 18.08.2020, registered at Police Station, Rajouri against the petitioners 2 CRM(M) Nos. 246 & 271/2020 & 29/2021 under Sections 452, 382, 323, 147, 504 & 506 IPC, the same being counter blast to FIR No. 410/2020 dated 08.08.2020 of Police Station Rajouri lodged by petitioner No.1 against her in-laws including respondent No.2 (father-in-law of petitioner No.1) under Section 498-A, 323 & 109 IPC and of FIR No. 18/2021 dated 11.01.2021 registered at Police Station, Rajouri against petitioner under Sections 353, 427, 504, 506 IPC, the same being counterblast to FIR No. 14/2021 dated 08.01.2021 of Police Station Rajouri lodged by brother-in-law of the petitioner against respondent No.2 under Sections 341, 323, 504, 427, 382 IPC. Since the parties are relatives each other as well as the issues involved in all the petitions are same, therefore, all the petitions are disposed of by this common order.

CRM(M) No. 246/2020

It has been stated in the petition that the marriage between petitioner No.1 and Tahir Iqbal Wani (son of respondent No.2) was solemnized in the year 2017 at Ward No.8, Rajouri and the Nikah ceremony was performed earlier on 02.10.2017; that the in-laws of the petitioner No.1 and her family soon after the solemnization of the marriage started harassing her by demanding more dowry on one pretext or the other thereby committing serious acts of domestic violence; that the petitioner Nos. 2 to 6 are the family members of petitioner No.1 have been dragged into impugned FIR as accused at the behest of the respondent No.2 for none of their fault but just to harass, victimize and pressurize the petitioners to succumb to their illegal demands of dowry as respondent No.2 as well as his son Tahir Iqbal Wani (husband of petitioner No.1) have been insisting the petitioner No.1 to withdraw the FIR lodged against them as also to withdraw the application under Section 125 CrPC seeking grant of maintenance which is sub-judice before the Court of learned District Mobile Magistrate (Traffic), Rajouri;

CRM(M) No. 271/2020

It has been stated in the petition that the petitioner is the sister-in-law (Nannand) of respondent No.2 namely Hassan Basre and the marriage between the brother of the petitioner namely Tahir Iqbal Wani and respondent No.2 was solemnized on 2nd October, 2017 at Rajouri in accordance with Shariat Law and Nikah was performed in the presence 3 CRM(M) Nos. 246 & 271/2020 & 29/2021 of the family members of both the parties and in the said Nikah, the Haq Mehar given to the respondent No.2 was Rs.5100/-cash and jewelry worth rupees seven lacs was also given to the respondent No.2 at the time of marriage; that the Rukhasti ceremony of the bride was performed on 23.11.2017 after which respondent No.2 and Tahir Wani started living as husband and wife at the house of the parents of petitioner i.e at Ward No. 8, Rajouri; that after few days of the marriage when respondent No.2 after Rukhsati ceremony entered the parental home of the petitioner, she started raising her demands which the parents of the petitioner and other family members have fulfilled and not only this, respondent No.2 for the reasons best known to her started behaving in an inappropriate manner with the parents of petitioner and other family members including the petitioner and husband of respondent No.2, the cruel acts included the act of verbal and physical abuse; that respondent No.2 used to leave the matrimonial home for days together and would not inform about her whereabouts to her husband and was not interested in taking care of the old aged parents of petitioner, constraint by the hostile behavior of respondent No.2, the brother of the petitioner made single pronouncement as per the mandate of Talaq-e-Hassan to respondent No.2 on 20.02.2018 but due to the intervention of elder family members of both the parties the issues between the two was reconciled and the said Talaq was never acted upon; that respondent No.2 thereafter refused to stay at her matrimonial home and threatened her husband that he had to choose either her or his parents. Consequently, the parents of the petitioner in order to save the matrimonial knot and seeing the constant harassment of their son at the hands of respondent No.2, separate provisions were made at the ground floor of the house so that the issues between them may be amicably resolved/settled; that not only the brother of the petitioner but the whole family tried their levelbest to save this matrimonial knot but the hostile and adamant behavior of respondent No.2 towards her husband as well as with the old aged parents of the petitioner took an ugly turn when the petitioner on 26.06.2020 was visiting her paternal home to check-up on the health and well being of her parents, suddenly at evening, respondent No.2 along with her family members started threatening and abusing them and not only verbal but 4 CRM(M) Nos. 246 & 271/2020 & 29/2021 physical assault was also done by the family members of respondent No.2; that constrained by the criminal acts of respondent No.2 and her family members, the father of the petitioner filed an application u/s 156(3) CrPC, an FIR No. 428/2020 came to be registered against respondent No.2 and her family members at Police Station, Rajouri on 18.08.2020; that in order to shield their criminal acts,respondent No.2 with mala-fide intention filed a false and frivolous complaint as a counterblast before Police post, City Rajouri on the very next date i.e 27.06.2020;

CRM(M) No. 29/2021

It has been stated in the petition that the petitioner is a physical Education Teacher posted at Govt. HS Muradpur and is a law abiding citizen and happens to be the brother of one Tahir Iqbal Wani who had been married with the sister of respondent No.2 namely Hassan Basre on 02.10.2017 at Rajouri in accordance with Shariat Law; that at the behest of respondent No.2 with mala-fide intention, FIR No. 18/2021 has been lodged at Police Station Rajouri against the petitioner under Sections 353, 427, 504, 506 IPC, the same being counterblast to FIR No. 14/2021 of Police Station Rajouri lodged by the brother of the petitioner against respondent No.2 under Sections 341, 323, 504, 427, 382 of IPC and the same is nothing but gross abuse and misuse of the process of law and an attempt to victimize the innocent petitioner and his family members time and again in one frivolous complaints or other; that the said Hassan Basre was always estranged towards the brother of the petitioner after the marriage and only after few weeks, started harassing by filing numerous frivolous claims, suit and criminal complaints against her in-laws at that point of time which cannot be narrated in detail in the instant petition for the sake of brevity and keeping in mind the very purpose of the instant petition and now respondent No.2 at the behest of her sister and owing to her matrimonial issues once again is making another false and frivolous complaint to harass and victimize the petitioner and his family members to settle the scores while misusing the law; that during pendency of all these petitions a compromise was arrived at between the petitioners and the respondents in all the three petitions. In view of the amicable outside court settlement and compromised they have decided to close the cases 5 CRM(M) Nos. 246 & 271/2020 & 29/2021 against each other; that the aforesaid three petitions have been clubbed together vide orders dated 14.09.2021 and 03.12.2021 as the issues involved as well as the parties in all the petitions are same.

3. The aforesaid three petitions are supported by an affidavit of the petitioners.

4. Pursuant to the order dated 09.12.2022, learned counsel for the parties submit that the parties have entered into a compromise and also sought time to file compromise deed before the Court with liberty to the parties to record their statements before the Registrar Judicial of this Court. In this regard, the Registrar Judicial has recorded the statements of both the petitioners, the same are placed on record which read as under:-

Statement of Abdul Majeed Wani (respondent No.2 in CRM(M) No. 246/2020), Age: 78 years; S/o Mohd. Abdullah R/o H. No. 6, Wani Market, Ward No. 8, Rajouri on oath today i.e 19.12.2022;

Stated, that I have amicably resolved all disputes and issues with all the petitioners [in CRM(M) No. 246/2020]. A deed of divorce by mutual consent/Mubarat dated 22.10.2022, duly registered and attested on 09.11.2022 by Notary Public Rajouri, has also been executed between my son-Tahir Iqbal Wani and Hassan Basre (petitioner No.1). Further, I have no grievance against the petitioners. In view of our compromise, I have no objection in case Hon'ble Court quashes FIR No. 428/2020 dated 18.08.2020 lodged at Police Station Rajouri against the petitioners for commission of offences under Sections 452, 382, 323, 147, 504 and 506 IPC. Statement of Hassan Basre (respondent No.2 in CRM(M) No. 271/2020), Age:35; D/o Mohd. Rafiq Mir R/o A/p Ward No.8, Near Zabah Khana, Rajouri on oath today i.e. 19.12.2022:

Stated, that I have amicably resolved all disputes and issues with Shazia Wani [petitioner in CRM(M) No. 271/2020] and other persons mentioned in the FIR No. 410/2020 dated 08.08.2020 lodged at Police Station Rajouri. A deed of divorce by mutual consent/Mubarat dated 22.10.2022, duly registered and attested on 09.11.2022 by Notary Public Rajouri, has also been executed between brother of petitioner-Tahir Iqbal Wani and me. Further, I have no grievance against the petitioner and other persons mentioned in the FIR. In view of our compromise, I have no objection in case Hon'ble Court quashes FIR No. 410/2020 dated 08.08.2020 lodged at Police Station Rajouri for commission of offences under Sections 498-A and 109 IPC.

6 CRM(M) Nos. 246 & 271/2020 & 29/2021

5. Bare perusal of the statements of petitioners placed on record demonstrates that the parties have entered into a compromise whereby they have settled their differences.

6. The Apex Court in the case of B. S. Joshi & others Vs State of Haryana and another, reported in (2003) 4 SCC 675 while discussing the ambit and scope of inherent powers of High Courts under Section 482 CPC in paras 1, 14, 15 and 16 held as under :

"1. The question that falls for determination in the instant case is about the ambit of the inherent powers of the High Courts under Section 482, Code of Criminal Procedure (Code) read with Articles 226 and 227 of the Constitution of India to quash criminal proceedings. The scope and ambit of power under Section 482 has been examined by this Court in catena of earlier decisions but in the present case that is required to be considered in relation to matrimonial disputes. The matrimonial disputes of the kind in the present case have been on considerable increase in recent times resulting in filing of complaints by the wife under Sections 498A and 406, IPC not only against the husband but his other family members also. When such matters are resolved either by wife agreeing to rejoin the matrimonial home or mutual separation of husband and wife and also mutual settlement of other pending disputes as a result whereof both sides approach the High Court and jointly pray for quashing of the criminal proceedings or the First Information Report or complaint filed by the wife under Sections 498A and 406, IPC, can the prayer be declined on the ground that since the offences are non-compoundable under Section 320 of the Code and, therefore, it is not permissible for the Court to quash the criminal proceedings or FIR or complaint.

14. There is no doubt that the object of introducing Chapter XX-A containing Section 498A in the Indian Penal Code was to prevent the torture to a woman by her husband or by relatives of her husband. Section 498A was added with a view to punishing a husband and his relatives who harass or torture the wife to coerce her or her relatives to satisfy unlawful demands of dowry. The hyper-technical view would be counterproductive and would act against interests of women and against the object for which this provision was added. There is every likelihood that non-exercise of inherent power to quash the proceedings to meet the ends of justice would prevent women from settling earlier. That is not the object of Chapter XXA of Indian Penal Code.

15. In view of the above discussion, we hold that the High Court in exercise of its inherent powers can quash criminal proceedings or FIR or complaint and Section 320 of the Code does not limit or affect the powers under Section 482 of the Code.

16. For the foregoing reasons, we set aside the impugned judgment and allow the appeal and quash the FIR above mentioned."

7. The ratio of judgment of B. S. Joshi's case (supra) makes the legal proposition abundantly clear that the High Court has inherent powers under Section 482 of the Code of Criminal Procedure to quash the proceedings to meet the ends of justice if the parties have settled their 7 CRM(M) Nos. 246 & 271/2020 & 29/2021 disputes amicably by a compromise. The ratio of judgments (supra) is clearly applicable to the case in hand.

8. In the case in hand the parties have arrived at a compromise, so there would be no chance of conviction in near future in case trial is held and concluded.

9. In view of the above, these petitions stand allowed.

10. Consequently, FIR No.428/2020 dated 18.08.2020, registered at Police Station, Rajouri against the petitioners under Sections 452, 382, 323, 147, 504 & 506 IPC, the same being counter blast to FIR No. 410/2020 dated 08.08.2020 of Police Station Rajouri lodged by petitioner No.1 against her in-laws including respondent No.2 (father-in-law of petitioner No.1) under Section 498-A, 323 & 109 IPC, FIR No. 18/2021 dated 11.01.2021 registered at Police Station, Rajouri against petitioner under Sections 353, 427, 504, 506 IPC, the same being counterblast to FIR No. 14/2021 dated 08.01.2021 of Police Station Rajouri lodged by brother-in-law of the petitioner against respondent No.2 under Sections 341, 323, 504, 427, 382 IPC as well as the proceedings u/s 125 Cr.P.C pending before the Court of learned District Mobile Magistrate (Traffic), Rajouri are quashed in view of compromise arrived at between the parties in all aforesaid petitions.

11. Registry to place copy of this order in each of the connected files.

12. Copy of this order be sent to SHO Police Station, Rajouri for compliance.

(Mohan Lal) Judge Jammu:

10.02.2023 Vijay

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