MOHD ASHRAF MUGHAL v. U T OF J AND K TH S H O POLICE STATION BAHU FORT AND ANOTHER
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. MOHD ASHRAF MUGHAL v. U T OF J AND K TH S H O POLICE STATION BAHU FORT AND ANOTHER. Read the...
Judgment text
Sr. No. 97 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 401/2024 Mohd Ashraf Mughal Through: Mr. Razat Sudan, Advocate Vs. UT of J&K and Anr. Through: Mr. Pawan Dev Singh, Dy. AG. Mr. Mohd Irfan, Advocate CORAM: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER (ORAL) 03. 06. 2024 6 01. Issue notice. Mr. P. D. Singh, Dy. AG accepts notice on behalf of respondent No. 1 and Mr. Mohd Irfan, Advocate accepts notice on behalf of respondent No. 2. 02. The petitioner has filed the instant petition for quashing the FIR No. 0160/2023 dated 24. 05. 2023, registered with Police Station, Bahu Fort, Jammu for commission of offence under sections 453, 504, 506 IPC at the instance of respondent No. 1 on the ground that the contesting parties have settled the dispute amicably. 03. In order to substantiate their contention, the petitioners have placed on record a compromise deed dated 22. 02. 2024 executed between the petitioner and respondent No. 2.
In the compromise deed, it has been stated that the respondent No. 2/complainant shall have no objection, if the proceedings arising out of the FIR mentioned above are quashed by this Court. CRM(M) No. 401/2024 04. The statements of the petitioner and respondent No. 2 have been recorded before the Registrar Judicial of this Court today itself, wherein they have admitted execution of the compromise deed between them. The respondent No. 2/complainant has stated that he has no grievance against the petitioner, therefore, he does not want to pursue the FIR filed by him against the petitioner. He has further stated that he has no objection, if this Court quashes the FIR mentioned above. Similarly, the petitioner in his statement has prayed that in view of the amicable settlement, the impugned FIR may be quashed. 05. Heard and considered. 06.
After 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 investigation in the impugned FIR shall be nothing but an exercise in futility. 07. In view of the above, this petition is allowed and FIR No. 0160/2023 dated 24. 05. 2023 registered with Police Station, Bahu Fort, Jammu for commission of offence under sections 453, 504, 506 IPC is quashed. 08. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 03. 06. 2024 Karam Chand/Secy. Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No KARAM CHAND 2024. 06. 05 12:22 I attest to the accuracy and integrity of this document
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