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(2024) Law Today Live Doc. Id. 19325
Decided on: 05.06.2024
For the Petitioner:
Mr. Kamal Magotra, Advocate
For the Respondents:
Mr. P. D. Singh, Dy. AG
Indian Penal Code, 1860 (45 of 1860), Section 294, 504, 506 – Code of Criminal Procedure, 1973 (2 of 1974), Section 482 -- Obscene, act and songs -- Quashing of charge-sheet – Vague allegations – Compromise -- Filthy and unparliamentarily language used not mentioned in the FIR as well as statements of the witnesses -- No offence u/s 294 IPC is made out against the petitioner No. 2 as the allegations are vague and bereft of necessary details – For other offences, since the parties have entered into a compromise, the continuance of the criminal proceedings pending before the learned trial court shall be nothing but an abuse of process of law – Petition allowed, charge sheet quashed.
(Para 1-6)
ORDER
RAJNESH OSWAL, J. (ORAL) –
1. The petitioner No. 1 and 2, who happen to be complainant and accused respectively in the charge sheet No. 39/2020, titled “UT of J&K vs. Nitin Bakshi, pending before the Court of Sub Judge, Jammu, arising out of FIR No. 155/2020, registered with Police Station, Domana for commission of offences under Sections 294/504/506 IPC, have approached this Court for quashing of the charge sheet mentioned above on the ground that the petitioners have settled the dispute amicably.
2. A perusal of the FIR, pursuant to which impugned FIR has been registered for the offences mentioned above, is found to be vague as the alleged filthy and unparliamentarily language used by the petitioner No. 2 has not been mentioned in the FIR. Similarly in the statements of the witnesses also, there is no reference to the alleged unparliamentarily/filthy language used by the petitioner No. 2 against the petitioner No. 1 and other victims mentioned in the FIR.
3. It appears that FIR No. 154/2020 for commission of offences under Sections 341/323/504/506 IPC was registered against the petitioner No. 1 at the instance of petitioner No. 2 and the charge sheet arising out of the same was disposed of as the contesting parties therein had entered into a compromise. In this regard, order dated 07.10.2022 passed by the court of learned Electricity Magistrate, Jammu is placed on record.
4. Be that as it may, the petitioners have entered into a compromise and have also placed on record the copy of the compromise deed. The statements of the petitioners and two victims, namely, Nirmala Devi and Kamlesh Kumari have also been recorded before the Registrar Judicial of this Court.
5. This Court has examined the charge sheet and the statements of the witnesses and from the charge sheet and the statements of the witnesses, no offence under Section 294 IPC is made out against the petitioner No. 2 as the allegations are vague and bereft of necessary details. So far as other offences are concerned, since the parties have entered into a compromise, the continuance of the criminal proceedings pending before the learned trial court shall be nothing but an abuse of process of law.
6. In view of the above, this petition is allowed and charge sheet No. 39/2020, titled “UT of J&K vs. Nitin Bakshi, pending before the court of Sub Judge, Jammu, arising out of FIR No. 155/2020, registered with Police Station, Domana for commission of offences under Sections 294/504/506 IPC, is quashed.
Petition allowed.
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