Allowed

Shotu Ram and Another v. Union Territory of Jammu and Kashmir Th SHO P/S Udhampur and Others

J&K HC16 Nov 2021CRM(M)/463/2021

Case brief

AI extract

What is this about?

This High Court quashed an FIR for property disputes. The petitioner filed after compromise settlement, even for the non-compoundable offence under section 354-D IPC. The dispute regarding land led to the FIR. The court allowed the petition and dismissed FIR proceedings based on the compromise and the judgment of Shiji @ Pappu.

What did the court decide?

FIR No. 261 dated 12.07.2021 for offences under Sections 323, 341, 352, 354-D and 506 IPC quashed.

Shotu Ram and Another Vs Union Territory of Jammu and Kashmir… — Quashing and FIR | J&K HC (2021)

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Sr. No. 33

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU

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CRM(M) No. 463/2021 CrlM No. 1502/2021 CrlM No. 1560/2021

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Shotu Ram and another

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.....Appellant/Petitioner(s)

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Through :- Mr. Sandeep Bhat, Advocate Petitioners in person

v/s

UT of J&K and others

.....Respondent(s)

Through :- Mr. Vishal Bharti, Dy. AG Respondent Nos. 2 to 4 in person

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Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE

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ORDER

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The present petition has been filed by the petitioners under section 482 Cr.P.C for quashing the FIR No. 261 dated 12.07.2021 registered with Police Station, Udhampur for commission of offences under sections 323, 341, 352, 354-D and 506 IPC pursuant to the orders passed by the court of District Mobile Magistrate (Traffic), Udhampur. The FIR mentioned above was registered at the instance of the respondent No. 3. The respondent No. 2 is the daughter and the respondent No. 4 is the son of the respondent No. 3.

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Initially, the said FIR was impugned on the various legal grounds,

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however, during the pendency of the present petition, the petitioners and the respondent Nos. 2 to 4 have entered into a compromise, regarding which a motion has been laid for placing on record the compromise executed between the petitioners and the respondent Nos. 2 to 4.

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From the perusal of the compromise, it reveals that the dispute between the petitioners and the respondent Nos. 2 to 4 was primarily with

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2 CRM(M) No. 463/2021

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regard to the some land that led to registration of FIRs between the petitioners and the respondent Nos. 2 to 4.

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Respondent No. 3 is present in this Court along with respondent Nos. 2 and 4. They have been identified by their counsel. They have stated that they have no objection in the event, FIR No. 261 dated 12.07.2021 for commission of offences under sections 323, 341, 352, 354-D and 506 IPC is quashed.

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Mr. Vishal Bharti, Dy. AG submits that the appropriate orders may be passed in the light of present facts and circumstances of the case.

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From the record, it is evident that the dispute between the contesting parties was primarily with regard to some land which led to the lodging of FIRs against each other.

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So far as, offences under sections 323, 341, 352 and 506 IPC are concerned, the same are compoundable, however, the offence under section 354-D IPC is non compoundable. Be that as it may, since the parties have settled their dispute, as such, the offence under section 354-D IPC can be quashed.

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Reliance is placed upon the judgment of Hon’ble the Apex Court

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in case titled Shiji @ Pappu and others vs. Radhika and another reported in 2011 (10) SCC 705 in which Hon’ble the Apex Court has quashed the criminal proceedings under Sections 354 and 394 IPC, when the parties entered into a compromise.

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3 CRM(M) No. 463/2021

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In view of what has been stated above, proceedings in the FIR No. 261 dated 12.07.2021 registered with Police Station, Udhampur for commission of offences under Sections 323, 341, 352, 354-D and 506 IPC are quashed.

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The petition stands disposed of accordingly.

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(RAJNESH OSWAL) JUDGE

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JAMMU 16.11.2021 Neha

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Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No

Shotu Ram and Another v. Union Territory of Jammu and Kashmir Th SHO P/S Udhampur and Others

Case brief

What is this about?

What did the court decide?

Shotu Ram and Another v. Union Territory of Jammu and Kashmir Th SHO P/S Udhampur and Others

Case brief

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What did the court decide?

What the court decided

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