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Where No Objection is Sought, FIR can be Quashed: High Court of Jammu & Kashmir and Ladakh at Jammu

Where no objection is sought, the Court may quash an FIR without delving into the merits, as held by the HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU, before Hon’ble Mr. Justice Tashi Rabstan, in the matter of Sanjeev Kumar & Ors. vs. State & Ors. [CRMC No.346/2018], on 28.12.21.

The facts of the case were that certain FIRs had been filed in connection with a matrimonial dispute between the petitioner and respondents. The instant petition had been filed for the purpose of requesting quashing of the FIR which was registered against them under Sections 323, 341 and 34 of the Ranbir Penal Code, 1932, on the basis of a complaint by one of the respondents, who is the wife of one of the petitioners.

During the course of hearing of the present petition on 29.07.2020, it was stated that both parties, the petitioner and the respondent, have amicably entered into a compromise deed and sought to place the same on record. As per the compromise deed dated 25.09.2018, petitioner No.1 and respondent No.4 had decided to dissolve their marriage out of their free will and it has been agreed upon that after the decree of divorce by mutual consent it passed, both petitioner No.1 and respondent No.4 shall cease to be husband and wife.

Accordingly, their statements were recorded before the Registrar (Judicial) and both had admitted the contents of the agreement dated 25.09.2018 registered before the Notary Public, Jammu on the same date. Further, Manju Rani Abrol, who is respondent No.4 herein, has specifically stated before the Registrar (Judicial) that she has no objection in case above-referred FIR dated 12.04.2018 registered against the petitioners herein is quashed.

Therefore, the High Court of Jammu & Kashmir and Ladakh at Jammu, allowed the petition, and accordingly quashed the FIR in question. The Court held that wherein no such objection has been raised, and since it has been specifically mentioned by the respondents that they have no objection should the FIR in question be quashed, in light of the compromise, the Court held that it was unnecessary to delve into the merits of the case as such. Therefore, the petition was allowed and the FIR quashed.

Click here to read the judgement.

Judgement reviewed by Bhargavi

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