DEEPAK SHARMA 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&K vs Deepak Sharma and Ors' pending before the Court of learned Judicial Magistrate (Excise Mobile Magistrate) Jammu, arising out of FIR No. 22/2015 registered at Police Station Women Cell, Gandhi Nagar, Jammu, against the petitioners for the commission of offences punishable under Ss. 498-A/109 RPC (since repealed penal law of J&K).

(2.) The parties are stated to have entered into a compromise and settled their disputes and differences, whereunder the impugned FIR had been got registered at the instance of respondent No.2 against the petitioners and consequently, a compromise deed is placed on record of the instant petition. In view of the compromise, so arrived at between the parties, the petitioners, as also the respondent No. 2 in terms of order dtd. 1/5/2023 were directed to appear before the Registrar Judicial for recording their statements in support of the deed of compromise. Statements of respondent/complainant and accused petitioners have been recorded on 1/5/2023, wherein they have stated that petitioner No.1 has amicably resolved all the disputes and issues with his wife Ashish Sharma, who is complainant/respondent No.2 in this case.

(3.) Petitioners and respondents have reached the compromise, which was recorded on 16/2/2023 as it was decided to dissolve the marriage by mutual consent. They further prayed that the challan titled 'State of J&K vs Deepak Sharma and Ors' pending before the Court of learned Excise Mobile Magistrate, Jammu, arising out of FIR No. 22/2015 registered at Police Station Women Cell, Gandhi Nagar, Jammu, against the petitioners for the commission of offences punishable under Ss. 498-A/109 RPC be quashed, in view of the compromise reached between the petitioners and respondent No.2.