If the dispute is predominantly civil in nature, the offences, though, non compoundable can be quashed by this Court: High Court of J&K and Ladakh
It is settled law that once the dispute is predominantly civil in nature and is not against the society, the offences, though, non compoundable can be quashed by the High Court while exercising powers under Section 482 Cr. P. C. As held by the Hon’ble High Court of J&K and Ladakh through a learned bench of Justice Rajnesh Oswal in the case of Manohar Lal and others Vs UT of J&K and others [CRM (M) No. 628/2021 CrlM No. 1903/2021].
Brief facts of the case are that the petitioners have filed the present petition under section 482 Cr.P.C. for quashing the criminal challan, titled, UT of J&K Vs Drashan Lal and others arising out of FIR bearing No. 196 of 2020 dated 23.07.2020 registered with Police Station, Domana, Jammu for commission of offences under Sections 447 and 147 IPC, pending before the Court of learned Excise Magistrate, Jammu on the ground that the petitioners and the respondent No. 3 have entered into a compromise and pursuant to that compromise, the parties have undertaken to withdraw all the litigations pending against them.
The respondent submits that in view of the compromise arrived at between him and the petitioners, he has no objection in case this Court quashes the criminal challan mentioned above. Learned counsel for the official respondent submits that in light of the present facts and circumstances of the case, appropriate orders as this Court deem fit may be passed.
The Hon’ble High Court after a perusal of the record observed that the dispute between the parties is with regard to the land regarding which the FIR was lodged by respondent No. 3 and now the parties have settled their dispute. The offence under Section 147 is non compoundable, whereas the other offence mentioned above is compoundable. It is settled law that once the dispute is predominantly civil in nature and is not against the society, the offences, though, non compoundable can be quashed by this Court while exercising powers under Section 482 Cr. P. C.
In conclusion, the Hon’ble High Court, while referring to the Judgment of Supreme Court in the case of State of M.P. v. Laxmi Narayan, (2019) 5 SCC 688, stated that “In view of the above, the present petition is allowed and the criminal challan, titled, Union Territory of J&K Vs. Drashan Lal and others arising out of FIR bearing No. 196 of 2020 dated 23.07.2020 registered with Police Station, Domana, Jammu for commission of offences under Sections 447, 147 IPC, pending before the Court of learned Excise Magistrate, Jammu is quashed”
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Judgment Reviewed by – Aryan Bajaj