GHULAM QADIR SHEIKH Vs. UT OF J&K

JUDGEMENT

(1.) Instant petition has been filed by the petitioners seeking quashment of criminal proceedings arising out of FIR No.64/2011 for offences under Sec. 336, 427 and 451 of RPC registered with Police Station, Nowgam, that are stated to be pending before the Court of learned Judicial Magistrate, 1st Class (1st Additional Munsiff. Srinagar.

(2.) As per the contents of the FIR, complainant Bilal Ahmad Tak (petitioner No.3 herein., lodged a written report with Police Station Nowgam, alleging therein that on 25/5/2011, the accused persons (petitioners No.1 and 2 herein., along with some unidentified persons trespassed into his compound, damaged windows and window panes of his house and also threatened his daughter of dire consequences. At the time of the incident, the complainant and his wife were not present in their house. On the basis of this report, the FIR was registered and investigation was set into motion. After investigation of the case, offences under Ss. 336, 427 and 451 of RPC were found established against the accused persons and the challan was laid before the Court of competent jurisdiction

(3.) It seems that during pendency of the aforesaid proceedings, the parties i.e., petitioners herein settled the dispute amicably and in this regard, they made an application before the trial court seeking disposal of the criminal case as compromised. The petitioners have produced a copy of the application made before the trial court along with the instant petition. In support of their assertions regarding settlement of dispute/compromise, the statements of the parties have been recorded by the Registrar Judicial wherein they have stated that they have amicably settled their dispute and that they have no grievance against each other.