SAJAD HUSSAIN SHAH v. UNION TERRITORY THROUGH POLICE STATION WOMEN AND ANR. (POLICE / HOME)
CRM(M)/816/2025 · 2026-06-06
Sanjay Parihar
body2025
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Judgment text
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S. No. 03 Suppl Cause List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M)/816/2025 SAJAD HUSSAIN SHAH …Appellant/Petitioner(s) Through: Mr. Saleem Gul, Advocate Vs.
UNION TERRITORY THROUGH POLICE STATION WOMEN AND ANR.
...Respondent(s) Through: None CORAM:
HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE
O R D E R 06.06.2026
1. The petitioner stands accused of offences punishable under Sections 85, 316(2), 351(2) and 238 of the Bharatiya Nyaya Sanhita, 2023. During the pendency of the trial, the parties have amicably resolved their disputes and, on the strength of the settlement so arrived at, the petitioner has invoked the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashment of the proceedings. It is contended that the compromise has been entered into voluntarily between the parties, who are closely related, and that the settlement does not offend any public policy or larger societal interest.
2. Learned counsel for the petitioner submits that the criminal proceedings emanate from matrimonial discord between the parties, which resulted in the registration of FIR No. 28/2025 and culminated in the filing of a charge-sheet against the petitioner. It is further submitted that the parties have settled all their disputes amicably and have also made
statements on oath before the Registrar Judicial affirming the factum and genuineness of the compromise.
3. Having considered the nature of the allegations, the settlement arrived at between the parties, and the statements made before the Registrar Judicial, this Court is of the view that continuation of the criminal proceedings would serve no useful purpose. The offences alleged arise out of a private matrimonial dispute and do not partake the character of heinous offences affecting society at large. Nor does the compromise appear to be contrary to public policy or any larger public interest.
4. In view of the aforesaid circumstances, and in exercise of powers under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, the present petition is allowed. Consequently, FIR No. 28/2025, along with all proceedings arising therefrom pending against the petitioner, shall stand quashed.
5. The petition is, accordingly, disposed of.
(SANJAY PARIHAR)
JUDGE
SRINAGAR 06.06.2026 Shabroz