Shamim Ahmed and Others v. Ut of J and K Through Incharge Station House Officer Doda and Others

ORDER (ORAL)

27.02.2026

¶1The petitioners have invoked the inherent jurisdiction of this Court under Section 482 of the Cr.PC (now Section 528 of the BNSS, 2023), seeking quashing of FIR No. 0001/2024 dated 01.01.2024, registered with Police Station, Doda for offences under Sections 452, 354, 341, 323, 504 and 506 of the IPC, at the instance of respondent No. 2.

¶2Petitioners Nos. 1 and 2 are stated to be the sons born to the second wife of their father, namely Abdul Jabbar Khan, whereas respondent No. 2/complainant is the wife of Shahzad Ahmed Khan S/o Abdul Jabbar Khan from his first wife. It is submitted that due to certain domestic and property-related disputes within the family, misunderstandings arose between the parties, which resulted in registration of the impugned FIR.

¶3A perusal of the record reveals that the dispute, which led to the registration of the FIR, is essentially personal in nature and emanates from

inter se family discord. During the pendency of the present petition, the parties have amicably resolved their disputes outside the Court. A compromise deed executed between the parties has been placed on record.

¶4This Court, vide order dated 26.09.2025, directed the contesting parties to appear before the Registrar Judicial for recording of their statements. In compliance thereof, the statements of the petitioners as well as respondent No. 2/complainant were recorded on 26.09.2025. Respondent No. 2, in her statement, has categorically stated that she has settled all disputes and issues with the petitioners in respect of the aforesaid FIR. She has further stated that she has no objection if FIR No. 0001/2024 registered with Police Station Doda for commission of offences under Sections 452, 354, 341, 323, 504 and 506 IPC is quashed. The petitioners, in their statements, have prayed that in view of the amicable settlement, the impugned FIR and the consequential proceedings be quashed.

¶5Heard learned counsel for the parties and perused the record.

¶6It is well settled that the High Court, in exercise of its inherent powers under Section 482 Cr.P.C. (now Section 528 of the BNSS), can quash criminal proceedings in appropriate cases to secure the ends of justice or to prevent abuse of the process of the Court. The Hon'ble Supreme Court has consistently held that offences arising out of personal or private disputes, particularly those having a predominantly civil flavour, where the parties have amicably settled their differences, may be quashed by the High Court, provided the offences are not heinous, do not involve moral turpitude of a serious nature, and do not affect public interest or have a serious societal impact.

¶7In the present case, the allegations stem from domestic and property-related disputes within the family. The matter does not appear to involve any element of public interest. The complainant herself has unequivocally stated before the Registrar Judicial that she does not wish to pursue the matter any further and has no objection to the quashing of the impugned FIR.

¶8Having regard to the compromise arrived at between the parties and the statements recorded, this Court is of the considered view that continuance of the criminal proceedings would be an exercise in futility and would amount to abuse of the process of law. No useful purpose would be served by allowing the proceedings to continue.

¶9Accordingly, the present petition is allowed and FIR No. 0001/2024 dated

01.01.2024 registered at Police Station Doda for offences under Sections 452, 354, 341, 323, 504 and 506 IPC, along with the consequential proceedings arising therefrom, are quashed.

(RAJNESH OSWAL)

JUDGE

Jammu 27 .02.2026 Karam Chand/Secy.

Whether the order is speaking: Yes/No

Whether the order is reportable: Yes/No

Sr. No. 76 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Uploaded on : 05.03.2026 Shamim Ahmed and others Through: Mr. Razat Sudan, Advocate Vs. UT of J&K and others Through: Mr. Muneeb Ahmad Shah, Advocate CORAM: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE