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2026 DAILYLAW 2056 (JK)

Vaneet Chandan v. UT of J&K

2026-02-13

Rajnesh Oswal

body2026
ORDER : RAJNESH OSWAL, J. 1. The petitioners have invoked the jurisdiction of this Court under Section 482 of the Code of Criminal Procedure (now Section 528 of the Bharatiya Nagarik Suraksha Sanhita) seeking quashing of FIR No. 186/2020 dated 16.11.2020, registered at Police Station, Bakshi Nagar, Jammu, under Sections 498-A, 323, 504 and 506 IPC, at the instance of petitioner No. 2, along with the consequential challan dated 30.12.2022 arising therefrom and pending before the Court of learned City Judge, Jammu. 2. Petitioner No. 1 and petitioner No. 2 are husband and wife, who solemnized their marriage on 26.04.2020. Owing to failure to develop compatibility and mutual understanding, differences arose between them and they started living separately. Petitioner No. 2 lodged a complaint before Police Station Bakshi Nagar, which culminated in registration of the aforesaid FIR. Subsequently, with the intervention of respectable members of society and family, the parties resolved their disputes amicably and resumed cohabitation. A compromise deed dated 16.01.2023 has been placed on record. 3. The quashing of the impugned FIR is sought on the ground that the dispute between the parties is matrimonial in nature and has been amicably settled outside the Court. The compromise deed evidencing settlement of marital disputes has been placed on record. 4. The statements of the petitioners were recorded before the Registrar Judicial on 03.02.2026. Petitioner No. 2, in her statement, categorically stated that all disputes arising out of FIR No. 186/2020 dated 16.11.2020 stand resolved and that she has no objection if the said FIR and the proceedings emanating therefrom are quashed. Petitioner No. 1, in his statement recorded on the same date, also prayed for quashing of the impugned FIR and all consequential proceedings in view of the amicable settlement. 5. Mr. Pawan Dev Singh, learned Deputy Advocate General, submitted that in view of the amicable settlement arrived at between the parties, no fruitful purpose would be served by permitting the criminal proceedings to continue. 6. Heard learned counsel for the parties and perused the record. 7. It is well settled that this Court, in exercise of its inherent jurisdiction, can quash criminal proceedings, even in respect of non-compoundable offences, where the disputes are predominantly private in nature, particularly those arising out of matrimonial discord, and where continuation of the proceedings would amount to abuse of the process of law. 7. It is well settled that this Court, in exercise of its inherent jurisdiction, can quash criminal proceedings, even in respect of non-compoundable offences, where the disputes are predominantly private in nature, particularly those arising out of matrimonial discord, and where continuation of the proceedings would amount to abuse of the process of law. The underlying object is to secure the ends of justice and prevent misuse of judicial process. 8. A perusal of the record reveals that the dispute between the parties emanates from matrimonial discord between petitioner No. 1 and petitioner No. 2. The parties have settled their differences and resolved all disputes amicably. The complainant, in her statement recorded before the Registrar Judicial, has unequivocally stated that she has no objection to the quashing of the FIR and the proceedings arising therefrom. No larger public interest is involved in the matter, and the offences alleged do not fall within the category of heinous or serious offences having grave societal impact. 9. In view of the amicable settlement between the parties and the settled legal position, this Court is of the considered opinion that continuation of the criminal proceedings would be an exercise in futility and would serve no useful purpose. 10. Accordingly, the petition is allowed. FIR No. 186/2020 dated 16.11.2020 registered at Police Station Bakshi Nagar, Jammu, under Sections 498-A, 323, 504 and 506 IPC, and all proceedings arising therefrom, including the challan dated 30.12.2022 pending before the learned City Judge, Jammu, are quashed. 11. The petition stands disposed of accordingly.