Jammu and Kashmir High CourtCriminal Procedure and EvidenceFamily Law

After Estranged Couple Agree To Dissolve Marriage, J&K HC Quashes Criminal Case Against Husband And Others FOLLOWING Settlement

WASEEM RAJA AND OTHERSv.UT OF J AND K TH. STATION HOUSE OFFICER, POLICE STATION, WOMEN CELL RAJOURI AND ANOTHER

After Estranged Couple Agree To Dissolve Marriage, J&K HC Quashes Criminal Case Against Husband And Others FOLLOWING Settlement. WASEEM RAJA AND OTHERS vs UT OF J AND K TH. STATION HOUSE OFFICER, POLICE STATION, WOMEN CELL RAJOURI AND ANOTHER. Jammu and Kashmir High Court. LawLens
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In brief

The question

Whether the High Court could quash criminal proceedings involving non-compoundable offences under its inherent jurisdiction, where the parties had settled their matrimonial dispute.

The court held

The High Court allowed the petition and quashed the challan arising from FIR No. 07/2023, registered at Police Station, Women Cell, Rajouri, together with the consequential proceedings.

It also directed

A copy of the order was directed to be sent to the court concerned for information and compliance.

01Facts

The petitioners sought quashing of the challan arising from FIR No. 07/2023, registered at Police Station, Women Cell, Rajouri, for offences under Sections 498-A, 109 and 504 IPC. The challan was pending before the Chief Judicial Magistrate, Rajouri.

¶ 1

Petitioner No. 1 and respondent No. 2, whose matrimonial dispute formed the basis of the proceedings, entered into a compromise and agreed to dissolve their marriage by mutual consent.

¶ 2–3

The Court directed the parties to appear before the Registrar Judicial, who recorded their statements confirming the compromise and its execution.

¶ 4

The petitioners then sought quashing of the challan and consequential proceedings on that basis.

¶ 5

02Issues

i.Whether the High Court could quash criminal proceedings involving non-compoundable offences under its inherent jurisdiction, where the parties had settled their matrimonial dispute.

¶ 8

ii.Whether, in the circumstances of this case, continuation of the proceedings would amount to an abuse of process or cause injustice despite the compromise.

¶ 11–12

03Law Applied

The Court relied on the High Court’s inherent power to quash criminal proceedings, distinct from the statutory power to compound offences under Section 320 CrPC.

Under Gian Singh v. State of Punjab, (2012) 10 SCC 303, that power may be exercised to secure the ends of justice or prevent abuse of process; in cases with an overwhelmingly private or personal character, including matrimonial disputes, quashing may be appropriate where the parties have settled their dispute and the prospect of conviction is remote.

¶ 9–10

Narinder Singh v. State of Punjab, (2014) 6 SCC 466, similarly directs courts to exercise the power sparingly, considering the nature and gravity of the offence, the character of the dispute, and whether continuation would cause oppression or injustice.

¶ 9–10

Provisions in the judgment · 5 · Linked ones open on LawLens

Indian Penal Code, 1860 Section 109Section 504Section 307

Code of Criminal Procedure, 1973 Section 320Section 482

04Reasoning

The Court treated the case as arising from a matrimonial dispute, rather than a serious offence with a substantial public impact.

The parties had settled their dispute, agreed to dissolve their marriage by mutual consent, and personally confirmed the compromise before the Registrar Judicial.

¶ 3–4, 12

Applying Gian Singh and Narinder Singh, the Court held that the non-compoundable character of some alleged offences did not, by itself, prevent quashing.

¶ 11–12

It considered that continuing the proceedings despite the settlement would cause injustice and amount to an abuse of process.

¶ 11–12

05Holding

The High Court allowed the petition and quashed the challan arising from FIR No. 07/2023, registered at Police Station, Women Cell, Rajouri, together with the consequential proceedings.

¶ 13

A copy of the order was directed to be sent to the court concerned for information and compliance.

¶ 14
Jammu and Kashmir High Court

Original Court PDF

WASEEM RAJA AND OTHERSvsUT OF J AND K TH. STATION HOUSE OFFICER, POLICE STATION, WOMEN CELL RAJOURI AND ANOTHER

Jammu and Kashmir High Court · October 27, 2026

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