LAWS(J&K)-2022-8-33

MOHAMMAD RAMZAN BHAT Vs. UT OF J&K

Decided On August 22, 2022
Mohammad Ramzan Bhat Appellant
V/S
Ut Of JAndK Respondents

JUDGEMENT

(1.) Instant petition has been filed by the petitioners seeking quashment of charge sheet/challan arising out of FIR No.116/2016 for offences under Sec. 498-A RPC registered with Police Station, Saddar, pending before the Court of Judicial Magistrate, 1st Class (City Munsiff), Srinagar.

(2.) As per the prosecution case, respondent No.3, Shaila Rashid, lodged a written report against her in-laws including the petitioners herein, alleging therein that on 7/6/2016, she entered into a wedlock with one Imtiyaz Ahmad, who happens to be the son of petitioner No.1 herein. It was alleged that after the marriage, the behaviour of her in-laws changed without any reason, which resulted in strained matrimonial relations between complainant and her husband. It was further alleged in the complaint that the complainant was harassed and beaten up by her in-laws and ultimately thrown her out of her matrimonial house. On the basis of this report, the aforesaid FIR was lodged and investigation was set into motion. After completion of the investigation, the offence under Sec. 498-A RPC was found established against the accused including the petitioners herein and, accordingly, on 19/12/2016 the challan in the matter has been presented before the Court of Judicial Magistrate, 1st Class (City Munsiff), Srinagar.

(3.) It seems that during pendency of the aforesaid proceedings, a compromise was arrived at between the parties and as per the said compromise, the parties i.e., complainant and the accused have settled their disputes amicably and the parties, as per the compromise, now want to live peacefully without involving themselves in further litigation. It is further stated in the compromise deed that the complainant i.e., transposed respondent No.3 herein, does not want to pursue the criminal case. The parties to the dispute i.e., petitioners herein and respondent No.3(complainant), have made statements before the Registrar Judicial today on 22/8/2022, wherein they have admitted the aforesaid position.