- Court
- High Court of Jammu and Kashmir and Ladakh
- Decided
- 6 February 2026
- Bench
- Rajnesh Oswal, Judge
- Case no.
- CRM(M) 432/2025
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Judgment
ORDER (ORAL)
06.02.2026
¶1The petitioner has invoked the jurisdiction of this Court under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023, seeking quashing of FIR No. 0105 dated 17.03.2023, registered with Police Station Domana, District Jammu under Sections 452, 323, 380, 147, 427, 504 and 506 of the IPC, at the instance of respondent No. 2, along with all consequential proceedings arising therefrom. The respondent No. 2 is the mother-in-law of petitioner No. 1.
¶2The 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. A compromise deed substantiating settlement of marital dispute between petitioner No. 1 and her husband has been placed on record. The statements of the petitioners as well as
respondent No. 2/complainant were recorded before the Registrar Judicial on 06.02.2026. Respondent No. 2, in her statement, has categorically stated that all disputes and issues arising out of the aforesaid FIR stand resolved and that she has no objection if FIR No. 0105/2023 and the proceedings arising therefrom are quashed. The petitioners, in their statements recorded on the same date, have also prayed for quashing of the impugned FIR and proceeding emanating therefrom in view of the amicable settlement.
¶3Mr. Pawan Dev Singh, learned Deputy Advocate General, submits 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.
¶4Heard learned counsel for the parties and perused the record.
¶5It 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 dispute is predominantly private in nature, particularly arising out of matrimonial discord, and where continuation of the proceedings would amount to abuse of the process of law. The object is to secure the ends of justice and prevent misuse of judicial process.
¶6From a perusal of the record, it appears that the dispute between the contesting parties arises out of marital dispute between petitioner No. 1 and her husband. The parties have settled their differences and have resolved all disputes amicably. The complainant has herself in her statement recorded before the Registrar Judicial has 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.
¶7In view of the amicable settlement between the parties and the settled position of law, 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.
¶8Accordingly, the petition is allowed. FIR No. 0105 dated 17.03.2023 registered with Police Station Domana, District under Sections 452, 323, 380, 147, 427, 504 and 506 IPC and all proceedings arising therefrom, are hereby quashed.
¶9Disposed of accordingly.
(RAJNESH OSWAL)
JUDGE
Jammu 06 .02.2026 Karam Chand/Secy.
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
Case details
Parties and counsel
Sr. No. 80 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Uploaded on : 07.02.2026 Neha Alia Neha Verma Through: Mr. Shubkarman Kumar, Advocate Vs. UT of J&K and anr. Through: Mr. P. D. Singh, Dy. AG for R-1. Mr. Suyash Singh Chandel, Advocate for R-2 CORAM: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
Source: High Court of Jammu and Kashmir and Ladakh, through the eCourts High Court services, via the Indian High Court Judgments open dataset by Dattam Labs (CC BY 4.0). Text was extracted from the official PDF and may contain conversion errors. Check the official PDF before relying on it.