HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No.361/2019 Riaz Ahmed Malik, age 46 years S/o Sh. Nazir Ahmed R/o Bharath, Tehsil Bagla Bharath, District Doda. …..Petitioner(s) Through: Mr. Arsha Sharma, Advocate Vs 1. State of Jammu and Kashmir, Through Station House Officer, Police Station Doda 2. Fatima Begum, Wd/o Faried Ahmed Malik, R/o Bharat, Tehsil Bagla Bharath, District Doda. .…. Respondent(s) Through: Mr. Priyanshu Sharma, Advocate for R-2 Coram: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE ORDER 05.02.2025 01. Through the medium of instant petition filed under 561-A, of the Code of Criminal Procedure, 1898 the petitioner herein seeks quashing FIR No.29/2019 dated 08.07.2019 for commission of offence under Section 376 RPC registered at Police Station, Doda against the petitioner at the instance of respondent No.2 on various grounds. 02. It is stated that the petitioner is an innocent person and has been falsely implicated in a false and frivolous case at the instance of respondent No.2. Case FIR No.29/2019 came to be registered in the Police Station, Doda at the instance of respondent No.2, who filed a complaint before the Chief Judicial Magistrate, Doda alleging therein that she is a widow of real brother of the petitioner and mother of one male child. Respondent No.2 Sr. No.57 2 has further alleged that the petitioner represent to her that his wife has ran away and on the pretext of promise to marry her, petitioner committed sexual intercourse with her. It is further stated that respondent No.2 being a close relative of the petitioner very well knew that the petitioner is a married person and father of three children, as such, question of conceiving an idea of getting marriage to an already married person does not arise. According to the petitioner, initially respondent No.2 filed a complaint in the Police Station leveling similar allegations and after preliminary enquiry the complaint stands closed as not proved. It is stated that during pendency of the preliminary enquiry by the police into the complaint filed by respondent No.2, she filed a similar complaint before the Chief Judicial Magistrate, Doda, which forwarded the same to the Police for proceeding ahead in the matter and accordingly, the impugned FIR came to be registered against the petitioner. It is further stated that the impugned FIR came to be lodged by respondent No.2 on a concocted story only to settle score which erupted because of distribution of family property. The complainant is a well grown woman of the age of 38 years having one child and is matured enough to understand the consequences of age and relation barrier between the two. 03. On 18.11.2024, when the case was taken up, Mr. Priyanshu Sharma, learned counsel appearing for respondent ano.2 states that respondent No.2 does not want to press the impugned FIR. Accordingly, respondent No.2 was directed to appear before the Registrar Judicial for recording her statement. Resultantly, respondent No.2 has appeared before the Registrar Judicial and recorded her statement, which is placed on the record of the file. In her statement, respondent No.2 do admit lodging of the impugned 3 FIR against the petitioner for offence under Section 376 RPC but states that she being an illiterate did not know the contents of the complaint which was written by the petitioner writer on her behalf. She further states that she does not want to pursue the impugned FIR and has no objection in case impugned FIR is quashed. 04. The question, which arises for consideration is whether the proceedings can be quashed on compromise between the parties, is no more res integra. The Hon'ble Apex Court in Narinder Singh and others vs. State of Punjab and others, (2014) 6 SCC 466, framed guidelines for accepting the settlement for quashing the proceedings or refusing to accept the settlement with direction to continue with criminal proceeding. Paragraph Nos. 29.3, 29.4 & 29.5 being relevant are reproduced below:- "29.03 Such a power is not be exercised in those prosecutions which involve heinous and serious offences of mental depravity or offences like murder, rape, dacoity, etc. Such offences are not private in nature and have a serious impact on society. Similarly, for offences alleged to have been committed under special statute like the Prevention of Corruption Act or the offences committed by Public Servants while working in that capacity are not to be quashed merely on the basis of compromise between the victim and the offender. 29.4 On the other, those criminal cases having overwhelmingly and pre-dominantly civil character, particularly those arising out of commercial transactions or arising out of matrimonial relationship or family disputes should be quashed when the parties have resolved their entire disputes among themselves. 29.5 While exercising its powers, the High Court is to examine as to whether the possibility of conviction is remote and bleak and continuation of criminal cases would put the accused to great oppression and prejudice and extreme injustice would be caused to him by not quashing the criminal cases." 05. In the present case also, the offence alleged against the petitioners does not fall within the offence of heinous nature and keeping in view the nature of the allegations and also considering the fact that the parties have already settled the matter and have agreed that respondent No. 2 has no objection if the impugned FIR is quashed. 4 06. In view of the statement of the complainant/respondent No.2 recorded before the Registrar Judicial of this Court, there are bleak chances of conviction and continuation of criminal proceedings will cause grave injustice to the parties and would amount to abuse of the process of Court, as the parties are no longer interested in pursuing the same. 07. In view of the aforesaid discussion as well as law laid down by the Hon'ble Apex Court to secure the ends of justice, this petition is allowed and FIR No.29/2019 registered at Police Station, Doda is quashed. 08. Disposed of accordingly. (Moksha Khajuria Kazmi) Judge Jammu 05.02.2025 Vinod, PS Whether order is speaking: Yes Whether order is reportable: No Vinod Kumar I attest to the accuracy and authenticity of this document Jammu 07.02.2025 13:00