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High Court can quash the criminal proceedings if it is known that because of the compromise arrived at between the parties, there is remote possibility of securing conviction of the accused: High Court of J&K and Ladakh

Offenses arising out of matrimony relating to dowry or disputes which have predominantly civil flavor where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court will be within its jurisdiction to quash the criminal proceedings if it is known that because of the compromise arrived at between the parties, there is the remote possibility of securing the conviction of the accused as held by the High Court of J&K and Ladakh in the case of Farooq Ahmad Khanday & Ors Vs State of J&K and anr [CRMC No.262/2017] and Gowhar Ahmad Shah & Ors Vs State of J&K and anr [CRMC No.292/2017]

In CRMC No.269/2017, petitioners have challenged FIR No.187/2017 for offenses under Section 147, 354, 436-A RPC registered with Police Station, Pampore. In CRMC No.292/2017, petitioners have challenged FIR No.42/2017 for offenses under Section 447, 452, 379, and 427 RPC registered with Police Station, Pampore, which has been lodged at the instance of Farooq Ahmad Khanday, who happens to be the petitioner No.1 in CRMC No.269/2017.

Briefly stated, the allegations in FIR No.187/2017 against the accused are that while the complainant was collecting branches of apple trees in her orchard, the accused persons washed their vehicles in the premises of the petrol pump near the orchard of the complainant where after they drained out the polluted wastewater towards the orchard of the petitioner resulting in damage to the orchard. Aggrieved by this, the complainant protested but she was assaulted by the accused and her clothes were torn out with the intention to outrage her modesty. The allegations leveled by the complainant in FIR No.42/2017 against the accused are that when the complainant was present in his petrol pump, the accused persons trespassed into his petrol pump gave a beating to him, and damaged the glass panes and counter of the petrol pump.

During the pendency of these two petitions, the parties have entered into a compromise and have placed on record the original compromise deed. As per this compromise deed, the parties have settled their disputes amicably as they want to live peacefully without involving themselves in further litigation. It is further stated in the compromise deed that the executants do not want to pursue the impugned FIRs.

The Hon’ble High Court after hearing both the parties and relying on the principles laid down in the case of Gian Singh. v. State of Punjab & another and Narinder Singh & Ors. Vs. State of Punjab & Anr concluded that “It is clear that the offenses arising out of matrimony relating to dowry or disputes which have predominantly civil flavor where the wrong is basically private or personal in nature and the parties have resolved their entire dispute, the High Court will be within its jurisdiction to quash the criminal proceedings if it is known that because of the compromise arrived at between the parties, there is the remote possibility of securing the conviction of the accused. In fact, in such cases, the Supreme Court has clearly observed that it would amount to extreme injustice if despite settlement having been arrived at by the parties, the criminal proceedings are allowed to continue.”

Click here to read the Judgment

Judgment Reviewed by – Aryan Bajaj

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