LAL HUSSAIN v. UNION TERRITORY OF JAMMU AND KASHMIR TH SENIOR SUPERINTENDENT POLICE JAMMU
Court: High Court of Jammu and Kashmir
Bench: HON'BLE MR. JUSTICE RAJNESH OSWAL
Judgment date:
Case summary
High Court of Jammu and Kashmir judgment dated 2024-06-03. LAL HUSSAIN v. UNION TERRITORY OF JAMMU AND KASHMIR TH SENIOR SUPERINTENDENT POLICE JAMMU. Read...
Judgment text
Sr. No. 38 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 362/2021 c/w CRM(M) No. 475/2020 CRM(M) No. 386/2021 CRM(M) No. 595/2023 Lal Hussain and Anr. Through: Mr. J. P. Singh, Advocate Mr. Mohd Latif Malik, Advocate Mr. Rajiv K. Sangotra, Advocate Vs. UT of J&K and others. Through: Ms. Shazia Asaf, Advocate vice Mr. P. D. Singh, Dy. AG. CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER (ORAL) 03. 06. 2024 6 CRM(M) No. 362/2021 01. In this petition the petitioners have sought quashing of the FIR No. 448/2020 dated 14. 12. 2020 registered with Police Station, Nagrota Jammu for commission of offences under sections 452, 427, 323, 147, 148 IPC at the instance of respondent. 3. 02. During pendency of this petition, the parties have entered into a compromise and have also placed on record the compromise deed dated 17. 07. 2023 executed between the petitioners and respondent No. 3. 03. This Court vide order dated 15. 09.
2023 directed the parties to get their statements recorded before the Registrar Judicial. The statements of petitioners and respondent No. 3 were recorded on 13. 09. 2023, wherein they have admitted settlement of the all disputes and issues against each other. The CRM(M) No. 362/2021 a/w connected matters. respondent No. 3/complainant in his statement has stated that he has no objection in case this Court quashes FIR No. 448/2020 dated 14. 12. 2020 registered with Police Station, Nagrota for commission of offences under sections 452, 427, 323, 147, 148 IPC. 04. Heard and considered. 05. After having gone through the record and the statements made by the parties, this Court is of the considered view that once the parties have settled the dispute amicably, the investigation in the impugned FIR shall be nothing but an exercise in futility. 06. In view of the above, this petition is allowed and FIR No. 448/2020 dated 14. 12.
2020 registered with Police Station, Nagrota Jammu for commission of offences under sections 452, 427, 323, 147, 148 IPC is quashed to the extent of the petitioners only. 07. Disposed of. CRM(M) No. 595/2023 08. In this petition the petitioners have sought quashing of the FIR No. 0447/2020 dated 14. 12. 2020 registered with Police Station, Nagrota Jammu for commission of offences under sections 382, 379, 323, 147, 148 IPC at the instance of respondent. 4. 09. During pendency of this petition, the parties have entered into a compromise and have also placed on record the compromise deed dated 02. 06. 2023 executed between the petitioners and respondent No. 4. 10. This Court vide order dated 15. 09. 2023 directed the parties to get their statements recorded before the Registrar Judicial. The statements of petitioners and respondent No. 4 were recorded on 14. 09. 2023, wherein they have admitted filing of compromise deed and settlement of the all disputes and CRM(M) No.
362/2021 a/w connected matters. issues against each other. The respondent No. 4/complainant in his statement has stated that he has no objection in case this Court quashes FIR No. 447/2020 dated 14. 12. 2020 registered with Police Station, Nagrota for commission of offences under sections 382, 379, 323, 147, 148 IPC. 11. Heard and considered. 12. After having gone through the record and the statements made by the parties, this Court is of the considered view that once the parties have settled the dispute amicably, the investigation in the impugned FIR shall be nothing but an exercise in futility. 13. In view of the above, this petition is allowed and FIR No. 447/2020 dated 14. 12. 2020 registered with Police Station, Nagrota Jammu for commission of offences under sections 382, 379, 323, 147, 148 IPC is quashed to the extent of the petitioners only. 14. Disposed of. CRM (M) No. 386/2021 15. Issue notice to respondent No. 3, to be served through SHO concerned. 16. List on 26. 07. 2024.
CRM(M) No. 475/2020 17. Objections stand filed by respondent No. 2. 18. Let status report be filed on behalf of respondent Nos. 1 & 2 before the next date of hearing. 19. List as above. (RAJNESH OSWAL) JUDGE Jammu 03 . 06. 2024 Karam Chand/Secy. KARAM CHAND 2024. 06. 05 12:22 I attest to the accuracy and integrity of this document
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