HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CRM(M) No. 35/2025 Mohd. Qayoom ..... Petitioner(s) Through :- Mr. Raja Mohit Bucha, Advocate Vs U.T. of J&K and Anr. .....Respondent(s) Through :- Mr. Sudesh Sharma, Advocate CORAM: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE ORDER 29.01.2025 1. Through the medium of the instant petition filed under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 (BNSS), the petitioner seeks quashing of challan titled ‘State Vs. Mohd Qayoom’ pending disposal before the Court of learned Sub-Judge, Jammu against the petitioner, arising out of FIR No. 20/2017 dated 01.07.2017 registered with Police Station Women Cell, Jammu for offences punishable under Section 498-A RPC on account of settlement/compromise entered into between the petitioner and respondent No. 2-Nasreen Shama. Sr. No. 30 2 | P a g e CRM(M) No. 35/2025 2. In light of the compromise agreement dated 03.12.2024 executed between the parties, copy whereof has been placed on record as well and on the basis of statements recorded of both the parties in support of the compromise before the Registrar Judicial of this Court on 20.01.2025, the learned counsel for the petitioner prays for disposal of the instant petition and consequently, quashment of the challan arising out of FIR No. 20/2017 dated 01.07.2017. 3. The petitioner as well as respondent no. 2- Nasreen Shama in their statements recorded before the Registrar Judicial of this Court on 20.01.2025 have deposed as under:- Statement of Mohd Qayoom-Petitioner :- “I depose that I have amicably resolved all disputes and issues with my wife – Nasreen Shama (respondent no. 2/complainant) pertaining to F'1.R. No. 20/2017 dated 01.07.2017 registered against me by Nasreen shama (respondent no. 2/complainant) at Police station women cell, Gandhi Nagar, Jammu for offence under section 498-A RPC. A compromise deed dated 03.12.2024, duly attested and registered on 03.12.2024 by Notary Jammu, has also been executed between me and Nasreen Shama (respondent no. 2/complainant) in this regard and same is placed on record of the file. Now, we are living happily under one roof. ln view of our amicable settlement, I pray before Hon'ble Court to quash F.l.R. No. 20/2O17 dated 01.07.2017 registered at Police station, women cell, Gandhi Nagar, Jammu for offence under section 498-A RPC and consequent challan titled "State v/s Mohd Qayoom" pending before the Court of Learned Sub-Judge, Jammu.” Statement of Nasreen Sharma (respondent No. 2. 3 | P a g e CRM(M) No. 35/2025 “I depose that I have amicably resolved all disputes and issues with my husband – Mohd Qayoom (petitioner) pertaining to F.l.R. No. 20/2017 dated 01.07.2025 registered by me against Mohd Qayoom (petitioner) at Police Station, Women Cell, Gandhi Nagar, Jammu for offence under section 498-A RPC. A compromise deed dated 03.12.2024, duly attested and registered on 03.12.2024 by Notary Jammu, has also been executed between me and Mohd Qayoom (petitioner) in this regard and same is placed on record of the file. Now, we are living happily under one roof. Further, I have no grievance against Mohd Qayoom (petitioner) and I do not want to pursue the above mentioned F.l.R. ln view of our amicable settlement, I have no objection in case Hon'ble Court quashes F.l.R. No. 20/2017 dated 01.07.2017 registered at police Station, Women Cell, Gandhi Nagar, Jammu for offence under section 498-4 RPC and consequent challan titled "State v/s Mohd Qayoom" pending before the Court of Learned Sub-Judge, Jammu.” 4. Perusal whereof reveals that both the parties have entered into a compromise and are living happily under one roof. 5. In light of the compromise arrived at between the petitioner and the respondent No. 2- Nasreen Shama, learned counsel for the petitioner seeks quashsment of the challan arising out of FIR No. 20/2017 dated 01.07.2017 pending disposal before the Court of learned Sub-Judge, Jammu. 6. In support of his contention, learned counsel for the petitioner has relied upon the judgment of Hon’ble Supreme Court in case titled Rangappa Javoor versus The State of Karnataka and Anr. reported in 2023(1) Apex Court Judgments (SC) 247 : wherein, Hon’ble Suprme Court has held that when parties genuinely settle dispute amicably then Criminal proceedings can be 4 | P a g e CRM(M) No. 35/2025 quashed by exercising power under Article 142 of Constitution of India or even under Section 482 Criminal Procedure Code. In Para 8 Hon’ble Supreme Court has held as under: “08. It is apparent that the parties have resolved and settled their disputes. In the facts of the case, we do not feel that any useful purpose would be served by continuation of the prosecution. The appellant - Rangappa Javoor, who is an officer in the Border Security Force and as per the job requirement, has to serve in different parts of the country, would be put to harassment. This court has held that in cases of offences relating to matrimonial disputes, if the Court is satisfied that the parties have genuinely settled the disputes amicably, then for the purpose of securing ends of justice, criminal proceedings inter-se parties can be quashed by exercising the powers under Article 142 of the Constitution of India or even under Section 482 of Code of Criminal Procedure, 1973.” 7. Learned Counsel for the petitioner has also relied upon a Judgment of Hon’ble Supreme Court in Case titled “Jitendera Raghuvanshi and Ors. versus Babita Raghuvanshi and Anr. reported in 2013 (4) SCC 58” wherein, in Para 12 the Hon’ble Supreme Court has held as under: “12. In our view, it is the duty of the courts to encourage genuine settlements of matrimonial disputes, particularly, when the same are on considerable increase. Even if the offences are non-compoundable, if they relate to matrimonial disputes and the court is satisfied that the parties have settled the same amicably and without any pressure, we hold that for the purpose of securing ends of justice, Section 320 of the Code would not be a bar to the exercise of power of quashing of FIR, complaint or the subsequent criminal proceedings.” 8. Keeping in view the aforesaid judgments passed by the Apex Court as well as in light of the compromise arrived at between the petitioner and the respondent No. 2- Nasreen Shama, coupled with their statements recorded in support of the compromise before the Registrar Judicial, extracted above, 5 | P a g e CRM(M) No. 35/2025 challan titled ‘State Vs. Mohd Qayoom’ pending disposal before the Court of learned Sub-Judge, Jammu against the petitioner, arising out of FIR No. 20/2017 dated 01.07.2017 registered with Police Station Women Cell, Jammu for offences punishable under Section 498-A RPC shall stand quashed. 9. The petition stands disposed of in the above terms. (WASIM SADIQ NARGAL) JUDGE JAMMU 29.01.2025 Mihul