Irfan Ahmad Bisati and Ors v. Union Territory Through Director General of Police and Ors. (Home Department)

Serial No. 134 Suppl. List

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

CRM(M) No. 605/2022

Irfan Ahmad Bisati and Ors. ….. Appellant/petitioner(s) Through: - Mr. Hazim Qureshi, Advocate

V/s UT through DGP and Ors. ….. Respondent(s) Through: - Mr. Hakim Aman Ali, Dy. AG Mr. Sajad Ahmad Mir, Advocate 3-4 CORAM: HON'BLE MS JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE

(ORDER)

31.12.2024

By the instant petition, the petitioners have sought quashment of FIR No. 07/2019 of Police Station, Budgam, on the grounds taken in the memo of petition.

During the pendency of the instant petition, the parties to the dispute are stated to have compromised the matter and the respondent No. 3, at whose instance the FIR in question has been registered at the Police Station concerned was put to notice to appear before the Court. Previously in terms of order dated 27.12.2024, learned counsel for the respondent No.3, 4, was directed to produce respondent No. 3, before the Registrar Judicial of this Court for recording her statement.

Today respondent No. 3 is present in person. She submits that the dispute in between the parties no longer exists as the same has been amicably settled. She submits that the parties to the dispute have recorded their statements in the Learned Registrar Judicial of this Court. The respondent No. 3, submits that the petition in hand may also be dealt with and decided in terms of the compromise arrived at.

Learned counsel for the petitioners, submits that since the parties to the dispute have resolved their differences by mutual agreement, therefore, the instant petition may be disposed of in light of such agreement. Mohammad Yaseen Dar authenticity of this document

The petition in hand had been filed for seeking the quashment of the FIR No. 07/2019 of Police Station Budgam, which had been registered at the instance of respondent No. 3, for the commission of offences punishable under Sections 341, 353, 354, 323 RPC.

The genesis of the controversy is having some dispute between the parties and the complainant at whose instance the present litigation has come into being has agreed to the disposal of the instant petition in light of the compromise arrived at between the parties, therefore, the instant petition is no longer required to be kept pending for disposal. Accordingly, the learned Registrar Judicial was requested to record the statement of the parties and place the same on the file and in compliance whereof the learned Registrar Judicial has recorded the statement of the parties and placed the same on record. The statements of the parties substantiate the factum of the compromise having been arrived at between the parties, therefore, the submission of the learned counsel for the parties deserves to be considered. Accordingly, the instant petition is taken up for disposal.

As taken note of in the preceding paragraphs, the genesis of the controversy no longer exists and as such, the pendency of the instant petition will achieve no useful purpose, accordingly, the submission of the learned counsel for the parties that the instant petition may be disposed of is accepted and without going into the merits of the case, the impugned FIR No. 07/2019 and the consequent investigation is quashed in light of the compromise arrived at between the parties.

Disposed of.

(MOKSHA KHAJURIA KAZMI)

JUDGE SRINAGAR 31 .12.2024 "Mohammad Yasin Dar"

Mohammad Yaseen Dar authenticity of this document