Sajid Bashir Wani and Others v. U T of J and K Th S H O Police Station Gandhi Nagar Jammu and Another

ORDER (ORAL)

14.11.2025

¶01The petitioner Nos. 2 and 3 are the parents of petitioner No. 1, whereas the petitioner No. 4 is his brother. The marriage between petitioner No. 1 and respondent No. 2 was solemnized on

30.01.2021 in accordance with Muslim rites. The petitioners, who are accused in charge sheet titled <UT vs. Sajid Bashir Wani and others,= pending before the Court of the learned Special Municipal Mobile Magistrate, Passenger Tax, Jammu, for offences under Sections 498-A and 109 IPC, arising out of FIR No. 27/2021 dated 01.07.2021 registered at Police Station Women Cell, Gandhi Nagar, Jammu, have filed the present petition for quashing of the said charge sheet on the ground that the dispute has been amicably resolved between them and respondent no. 2.

¶02During the pendency of the aforesaid charge sheet, respondent No. 2 entered into an agreement with petitioner No. 1 through a compromise deed dated 16.05.2024 for settling all the inter se disputes between them.

¶03Pursuant to the order dated 27.05.2024, the statements of the petitioner No. 1 and respondent No. 2 have been recorded before the Registrar Judicial on 23.07.2024. The respondent No. 2, in her statement has stated that a compromise deed dated 16.05.2024 has been executed between her and the petitioners and she has no grievance against the petitioners, therefore, she has no objection, if this Court quashes the FIR and Charge Sheet mentioned above. The petitioner No. 1 in his statement has stated that in view of amicable settlement between the parties, FIR No. 27/2021 dated 01.07.201, registered with Police Station, Women Cell, Gandhi Nagar, Jammu for offences under Sections 498-A and 109 of IPC and subsequent proceedings in the Charge sheet pending before the court of learned Special Mobile Magistrate, Passenger Tax, Jammu may be quashed.

¶04Heard learned counsel for the parties and perused the record.

¶05After having gone through the record and the statements made by the contesting parties, this Court is of the considered view that once the parties have settled the dispute amicably,

continuance of the criminal proceedings pending before the learned trial court shall be nothing but an exercise in futility.

¶06In view of the above, this petition is allowed and the charge sheet, titled, <UT vs. Sajid Bashir Wani and others= pending before the Court of learned Special Municipal Mobile Magistrate, Passenger Tax, Jammu for commission of offences under Sections 498A and 109 IPC, arising out of FIR No. 27/2021 dated 01.07.2021 registered with Police Station Women Cell Gandhi Nagar, Jammu is quashed.

¶07Disposed of.

(RAJNESH OSWAL)

JUDGE

Jammu 14 .11.2025 Karam Chand/Secy.

Whether the order is speaking: Yes/No

Whether the order is reportable: Yes/No

Sr. No. 59 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Uploaded on : 17.11.2025 Sajid Bashir Wani & others Through: Mr. Irfan Khan, Advocate Vs. UT of J&K and others Through: Mr. P. D. Singh, Dy. AG CORAM: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE