ASEEM GHAI Vs. UT OF J&K

JUDGEMENT

(1.) Inherent jurisdiction of this Court under Sec. 482 CrPC is being invoked by the petitioners for quashment of challan titled "State of J&Kvs Aseem Ghai and Ors", pending before the Court of learned 1st Additional Sessions Judge Jammu(hereinafter "Trial Court" for brevity), arising out of FIR No. 249/2018 registered at Police Station Gandhi Nagar, Jammu against the petitioners for the commission of offences punishable under Ss. 307, 341, 506 RPC (since repealed penal law of J&K) and Ss. 3/25/30 of Arms Act.

(2.) The parties are stated to have entered into a compromise and settled their disputes and differences, whereunder the challan is pending before the Court of learned 1st Additional Sessions Judge, Jammu, arising out of impugned FIR registered against the petitioners and consequently, a compromise deed is placed on record of the instant petition.

(3.) In view of the compromise so arrived at between the parties, the petitioners, as also the respondent No. 4 in terms of order dtd. 13/9/2022 were directed to appear before the Registrar Judicial for recording their statements in support of the deed of compromise. The statements of the petitioners, as also the respondent No. 4 have been recorded on 23/9/2022 by the Registrar Judicial, wherein the petitioners namely, Aseem Ghai, Zohaib Choudhary and Farhan Kohli have stated that they have amicably resolved all the disputes and issues with complainant Satyajeet-respondent No.4 and have reached the compromise which was recorded on 26/9/2022. They further prayed that the final report/challan No.844/2019 titled "State vs Aseem Ghai and Ors" pending before the Trial Court, arising out of FIR No. 249/2018 registered at Police Station Gandhi Nagar Jammu, against the petitioners for the commission of offences punishable under Ss. 307, 341, 506 RPC and Ss. 3/25/30 of Arms Act as well as the impugned FIR, be quashed, in view of the compromise reached between the petitioners and respondent No.4. Similarly, respondent No.4/complainant namely Satyajeet has also stated that he has entered into a compromise with all the petitioners/accused in the case and he does not wish to prosecute his case against them any further and prayed that the final report/challan No.844/2019 titled "State vs Aseem Ghai and Ors" pending before the Trial Court, arising out of FIR No. 249/2018 registered at Police Station Gandhi Nagar Jammu, against the petitioners for the commission of offences punishable under Ss. 307, 341, 506 RPC and Ss. 3/25/30 of Arms Act, as well as, the impugned FIR.