REHANA SULTAN Vs. UT OF J&K

JUDGEMENT

(1.) By invoking the inherent powers jurisdiction under Sec. 482 of the Code of Criminal Procedure (hereinafter referred as to the "Code"), petitionersby instant petition seek quashment of FIR No. 13/2021 dtd. 3/7/2021registered against petitioner no. 2 and 3 in Police Station Women"s Wing Ram Bagh, Srinagarfor the commission of offences punishable under sec. 498-A, 406 and 201 IPC.

(2.) It is averred, thatthe petitionerno. 1 and 2 were legally wedded husband and wife married in the year 2020 and after some time of the marriage the matrimonial relation between the petitioners 1 and 2 did not remain cordial and the same resulted in filing of various litigations before different courts as the petitioner no. 1 filed a petition u/s 12 of Domestic Violence Act before the Special Mobile Magistrate (Passenger Tax and Electricity), Srinagar and also the FIR bearing no. 13/2021 dtd. 3/7/2021 in Police Station Women"s Wing Ram Bah, Srinagar, under Ss. 498-A, 406 and 201 IPC against husband (Petitioner no. 2) and sister-in-law (Petitioner no. 3) and also against her mother-in-law (dead now) and filing of the said FIR ultimately culminated in presentation of the charge sheet which is pending disposal before the learned Court of City Judge, Srinagar and charge has been framed against some of the accused persons on 27/6/2022. It is further averred, that after sometime of litigating against each other, the petitioner no. 1 and 2 entered into a compromise at Mohalla Committee on 29.011.2021 whereby the petitioners settled all the terms against each other and decided to get separated and to withdraw the cases pending in any court and petitioner no. 2 has agreed to pay Rs.5.00 lacs towards petitioner no. 1 and paid 2.50 lacs and rest was to be paid after withdrawal of cases by petitioner no. 2 and thereafter the parties also executed a formal settlement deed dtd. 29/11/2021 in terms of the said compromise deed wherein the petitioners reiterated that the petitioner no. 1 and 2 will withdraw all the cases which are pending in different courts against each other and their family members and petitioner no. 1 and 2 decided to get separated.

(3.) On 27/10/2022 the petitioners filed CM no. 1315/2022 seeking permission to place on record compromise/settlement dtd. 29/11/2021 and compromise deed dtd. 29/6/2022 which was allowed vide this Court"s order dtd. 10/2/2023 whereby the compromise/settlement deed dtd. 29/11/2021 and compromise deed dtd. 29/6/2022 were permitted to be placed on record with direction to the learned counsel for the petitioners to get recorded the statements of the petitioner no. 1 and 2 before the Registrar Judicial of this Court. Petitioners have supported the averments of the petition by an affidavit.