Excelsior Correspondent
SRINAGAR, Feb 12: High Court said that if the parties have resolved the dispute out of which the FIRs were registered then it would amount to extreme injustice if criminal proceedings in such FIRs are allowed to continue despite the offences committed are non-compoundable and quashed the FIRs on this assumption.
Justice Sanjay Dhar in a lucid judgment quashed the FIR and cross FIR filed against the rival parties in Police Station Rajbagh for commission of offences of assault, trespass, outraging modesty, causing grievous hurt, rioting with deadly weapon etc.
Justice Dhar quashed both the FIRs by recording that the High Court will be within its jurisdiction to quash the criminal proceedings if it is known that because of the compromise arrived at between the parties, there is remote possibility of securing conviction of the accused.
Referring to the Supreme Court in this regard, the court said it is clearly observed that it would amount to extreme injustice if despite settlement having been arrived at by the parties, the criminal proceedings are allowed to continue.
Adverting to the facts of the instant case, court said since the parties to the dispute, complainants of both the impugned FIRs, have entered into a compromise whereby they have decided not to pursue the prosecution against accused in the FIRs.
“Therefore, once the rival groups have arrived at a settlement as regards the basis of the dispute, allowing the prosecutions to continue merely because some of the offences alleged against the accused are non-compoundable in nature would amount to great injustice to both the parties”, reads the judgment.
Court further added that it will amount to frittering away the fruits of compromise that has been arrived at between the parties, who happen to be neighbours and want to live peacefully as such the continuance of criminal proceedings against the parties against each other will be nothing but an abuse of process of law.
“Taking consensus of the aforesaid discussion, both the petitions are allowed. Accordingly, FIR No.105/2017 for offences under Section 452, 354, 326 and 323 RPC and FIR No.106/20217 for offences under Section 452, 354, 325, 323, 201, 147, 148 RPC, both registered with Police Station, Rajbagh, as also the proceedings emanating there from, are quashed”, Justice Dhar concluded.
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