SHAZIA NAZEER AND ANR v. UNION TERRITORY OF J AND K TH.I/C POLICE STATION, KUNZER
CRM(M)/481/2025 · 2025-08-18
Javed Iqbal Wani
body2025
DailyLaw.ai
[ 2025 DAILYLAW 8657 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 8657 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) No. 481/2025 CrlM No.1161/2025
SHAZIA NAZEER AND ANR.
…Petitioner(s) Through: Mr. Imshan Ahad, Advocate with Ms.Tahreem Masoodi, Advocate. vs.
UT OF J&K TH.I/C PS KUNZER
...Respondent(s) Through: Mr. Bikramdeep Singh, Dy.AG vice Mr. Hakim Aman Ali, Dy.AG.
CORAM:
HON’BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
O R D E R 18.08.2025
ORAL:
1. In the instant petition, petitioners herein have invoked inherent power of this Court contained under Section 528 of BNSS for quashing of FIR No.76/2025 dated 01.08.2025, registered with Police Station Kunzer for commission of offenses under Sections 316(2) and 318 BNS.
2. According to counsel for the petitioners, the impugned FIR came to be got registered against petitioner 2 herein upon a complaint filed by petitioner 1 herein arising out of various disputes, essentially being civil in nature, and that in the meantime, the petitioners herein entered into an amicable settlement resolving their inter se disputes and as such, seek quashment of FIR on the basis of said amicable settlement even having reduced into writing in a deed of settlement dated 13.08.2025.
3. Upon coming of this petition for consideration at its threshold the petitioner 2 herein present in person admitted that an amicable settlement has been arrived at by him with the petitioner 1 herein outside the Court resolving the inter-se dispute which had got resulted into registration of FIR in question. Petitioner 1 herein as well would admit. The said statement of the petitioner 2 and
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would also pray for quashing of the FIR in question vis-a-vis petitioner 1 herein. Heard counsel for the parties and perused the record.
4. In regard to quashing of FIR on the basis of an amicable settlement in respect of a cognizable and non-compoundable offence, law is no more res-Integra and stands settled by a series of judgments passed by the Apex Court, including in case titled as ‘Gian Singh v. State of Punjab and Another’ reported in 2012 (10) SCC 303.
5. Having regard to the aforesaid respective statements of the petitioners inasmuch as the position of law laid down in the
judgment (Supra), the instant petition deserves to be allowed.
6. Accordingly, petition is allowed and FIR No.76/2025 dated 01.08.2025 registered with Police Station Kunzer for commission of offenses under Sections 316(2) and 318 BNS qua the petitioner 2 herein is quashed.
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Disposed of.
(JAVED IQBAL WANI)
JUDGE SRINAGAR: 18.08.2025 Ishaq Whether the order is speaking? Yes/No
Whether approved for reporting ? Yes/No