Jammu & Kashmir High Court
Haji Mohd. Shafi And Another vs Union Territory Of J&K And Another on 19 February, 2020
Author: Tashi Rabstan
Bench: Tashi Rabstan
Sr. No. 35
HIGH COURT OF JAMMU AND KASHMIR
AT JAMMU
CRM (M) No. 664/2019
CrlM No. 1558/2019
Date : 19.02.2020
Haji Mohd. Shafi and Another ...Petitioner(s)
Through:- Mr. Sandeep Singh, Advocate.
Petitioner No.1 present in person.
V/s
Union Territory of J&K and Another ...Respondent(s)
Through:- Mr. Rajesh Thappa, Dy. AG for
respondent No. 1.
Respondent No. 2 present in person.
CORAM: HON'BLE MR. JUSTICE TASHI RABSTAN, JUDGE
JUDGMENT(ORAL)
01. Petitioners have invoked the inherent jurisdiction of this Court under Section 482 of Code of Criminal Procedure for quashing the FIR No.95/2019 dated 10.11.2019 registered with Police Station, Arnas, District Reasi for the commission of offences punishable under Sections 452, 380, 323, 506, 34 IPC.
02. Learned counsel for the petitioners stated at the Bar that this petition can be disposed of as the dispute has already been settled mutually between the parties by arriving at Compromise Deed dated 09.12.2019.
03. Under the directions of this Court, statements of the petitioner No. 1 and the respondent No. 2 have been recorded before the Registrar Judicial of this Court today itself. Copies of their statements recorded by the Registrar Judicial as well as copies of their Aadhaar cards are attached with the case file.
2 CRM(M) No. 664/2019
04. The Apex Court in case, titled as, Parbatbhai Aahir @ Bhimsinhbhai Karmur and ors vs State of Gujrat and anr, (2017) 9 SCC 641, has observed that "the invocation of the jurisdiction of the High Court to quash a First Information Report or a criminal proceeding on the ground that a settlement has been arrived at between the offender and the victim is not the same as the invocation of jurisdiction for the purpose of compounding an offence. While compounding an offence, the power of the court is governed by the provisions of Section 320 of the Code of Criminal Procedure, 1973. The power to quash under Section 482 is attracted even if the offence is non- compoundable. As distinguished from serious offences, there may be criminal cases which have an overwhelming or predominant element of a civil dispute. They stand on a distinct footing in so far as the exercise of the inherent power to quash is concerned. In such a case, the High Court may quash the criminal proceeding if in view of the compromise between the disputants, the possibility of a conviction is remote and the continuation of a criminal proceeding would cause oppression and prejudice."
05. The aforesaid judgment directly applies to the present case.
06. In view of the facts and circumstances of this case and settled law position, this petition is, disposed of and the FIR No. No.95/2019 dated 10.11.2019 registered with Police Station, Arnas, District Reasi is set aside.
(Tashi Rabstan) Judge Jammu 19.02.2020 Pawan Angotra Whether the order is speaking? : Yes/No. PAWAN ANGOTRA 2020.02.19 16:15 I attest to the accuracy and Whether the order is reportable? : Yes/No. integrity of this document