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2021 DIGILAW 254 (JK)

Bhavneet Singh Bhatia v. State of J&K

2021-05-28

PUNEET GUPTA

body2021
JUDGMENT : 1. The petitioners have filed the present petition under Section 561-A Cr.P.C seeking quashment of criminal challan No. 13/2018 pending before the court of learned 1st Additional Munsiff (Forest Magistrate), Jammu arising out of FIR No. 5/2018 registered with Police Station, Women Cell, Jammu in offences under Section 498-A/109 RPC on the ground that the same is abuse of process of law. 2. Private Respondent No. 3, Karminder Kour, Wife of petitioner No.1,Bhavneet Singh Bhatia has appeared in the case through her counsel. During the pendency of the petition, it was submitted on behalf of learned counsel for the parties that the parties have entered into settlement. In the light of the aforesaid statement, the parties were directed to place on record terms of settlement in writing and also record their statements before the Registrar Judicial. 3. The parties have placed on record the Memorandum of Understanding/Settlement Deed between petitioner No.1 and respondent No.3. The parties in their respective statements before Registrar Judicial, Jammu Wing have stated of the Memorandum of Understanding/Settlement Deed executed on 01.03.2021 and respondent No.3 also having stated that she has no objection in case the court quashes the FIR and the challan in question. 4. In ‘B. S. Joshi and others vs. State of Haryana and another’ [Appeal (Crl) No. 382 of 2003] decided on 13.03.2003, the Apex Court quashed the FIR filed in terms of Section 498-A of the Indian Penal Code for the reason that the parties have settled their matrimonial disputes and no useful purpose shall be served by allowing a criminal prosecution to continue. 5. The parties having compromised the matter amicably and the dispute between the parties being essentially the matrimonial one it will be in the fitness things and in the interest of justice that there should be end to the criminal proceedings. 6. In view of the aforesaid settlement between the parties and also the statement of respondent No.3/complainant in the FIR, who is also the wife of petitioner No.1, the court finds no reason not to allow the petition. Accordingly, the petition is allowed and FIR No.5/2018 registered with Police Station, Women Cell, Jammu stands quashed and so are the proceedings pending before the court of learned 1st Additional Munsiff (Forest Magistrate), Jammu arising out of said FIR.