After Complainant Settles With Four Village Neighbours, J&K HC Quashes 2019 Criminal Case

Petitioner No. 1 lodged FIR No. 0092/2019 against petitioners Nos. 2–4 and two other persons, alleging offences under Sections 451, 354, 323 and 147 RPC.

The investigation resulted in Challan No. 77/2019, pending before the City Judge, Jammu.

During the proceedings, petitioner No. 1 and petitioners Nos. 2–4 entered into a written compromise.

Their statements were recorded before the Registrar Judicial, and petitioner No. 1 stated that she had no objection to quashing the FIR and consequential proceedings.

The Court exercised its inherent jurisdiction under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

Relying on Narinder Singh v. State of Punjab, (2014) 6 SCC 466, it applied the principle that compromise-based quashing is generally inappropriate for heinous or serious offences having a substantial societal impact, but may be appropriate in cases with a predominantly private character where the parties have settled their dispute.

The Court must consider the nature of the offence, the likelihood of conviction, and whether continuing the proceedings would cause oppression, prejudice or injustice.

The Court treated the alleged offences as not heinous in nature and considered the complainant’s recorded statement confirming the settlement and her lack of objection to quashing.

In light of the compromise and the parties’ resolved dispute, it found the prospects of conviction bleak and concluded that continuing the prosecution would serve no useful purpose and would risk injustice and abuse of the court’s process.

It allowed the petition and quashed Challan/Final Report No. 77/2019, arising from FIR No. 0092/2019 under Sections 451, 354, 323 and 147 RPC, pending before the City Judge, Jammu.

The petition was disposed of accordingly.