MEHRAJ AHMAD BHAT Vs. STATE OF J&K

JUDGEMENT

(1.) Instant petition has been filed by the petitioner seeking quashment for FIR No.18/2019 for offences under Sec. 341, 354, 506, RPC registered at Police Station, Pulwama.

(2.) Briefly put, the case set up by the petitioners is that petitioner No.1 was married to respondent No.2 as per Muslim Personal Law on 31/5/2015 and out of said wedlock, one male child, namely, Safwan Mehraj, was born. It is contended that on 12.02. 2019, petitioner No.1 executed a divorce deed which was sent to respondent No.2 through registered post. Thereafter, respondent No.1 filed a complaint under Protection of Women from Domestic Violence Act, 2005 against the petitioners on 13/2/2019 before the Court of Chief Judicial Magistrate, Pulwama. It is further averred that the respodnentNo.2 also lodged impugned FIR No.18/2019 for offences under Sec. 341, 354, 506 RPC in Police Station, Pulwama, against the petitioners.

(3.) It seems that during the pendency of all these proceedings, a compromise was arrived at between the parties and, accordingly, a compromise deed was executed by the parties which has been placed on record. As per this compromise deed, the parties have settled their disputes amicably as they want to live peacefully without involving themselves in further litigation. It is further stated in the compromise deed that the executants do not want to pursue the impugned FIR. The executants of the compromise deed, i.e., petitioner and respondent No.2 have also made statements before the Registrar Judicial on 22/12/2021, wherein they have admitted the contents of the compromise deed as well as its execution.