Mohd Zarait and Others v. Ut of J and K Th Enior Superintendent of Police Rajouri and Others

ORDER (ORAL)

12.12.2025

¶01The petitioners have filed the present petition under Section 528 of the Bhartiya Nagarik Suraksha Sanhita, 2023 for quashing of FIR No. 0016 dated

06.03.2025 registered at Police Station Darhal, Rajouri at the instance of respondent No. 3 for offences under Sections 333, 115(2), 351(2) and 191 (2) of the BNS, 2023. The quashing of the FIR is sought on the ground that the dispute between the parties has been amicably settled.

¶02The petitioner No. 1 and respondent No.3 are real brothers, whereas the petitioners 2 to 6 are their relatives. A perusal of the record reveals that the dispute, which led to the registration of the FIR, is purely personal in nature.

¶03During the pendency of the petition, the parties have amicably resolved their disputes outside the Court. The statements of the petitioners as well as respondent No. 3/complainant were recorded before the Registrar Judicial on

11.12.2025. Respondent No. 3, in his statement, has stated that he has settled all disputes and issues with the petitioners in respect of the aforesaid FIR. He has stated that a Panchayat Nama dated 02.06.2025 has also been executed between the parties. He has further stated that he has no objection, if FIR No. 0016/2025 registered with Police Station Darhal is quashed. The statements of the petitioners were recorded on the same date, they have prayed that in view of the amicable settlement between the parties, the impugned FIR may be quashed.

¶04Mr. Tejasvani Anand, learned counsel appearing vice Mr. Bhanu Jasrotia, GA for the petitioners, submits that since the dispute is personal in nature and the complainant has himself resolved the matter, no fruitful purpose would be served by allowing the criminal proceedings to continue.

¶05Heard learned counsel for the parties and perused the record.

¶06Hon'ble the Supreme Court has consistently held that in offences arising out of personal or private disputes where the parties have amicably settled the matter, the High Court, in exercise of inherent jurisdiction, may quash criminal proceedings to secure the ends of justice, provided the offences are not heinous, do not involve moral turpitude and do not affect public interest.

¶07The present case arises out of a personal dispute between the contesting parties, which now stands amicably resolved. Respondent No. 3-complainant has unequivocally stated that he does not wish to pursue the matter any further. After having gone through the record and the statements made by the contesting parties, this Court is of the considered view that once the parties

have settled the dispute amicably, continuance of the criminal proceedings shall be nothing but an exercise in futility.

¶08In view of the above, this petition is allowed and FIR No. 0016 dated

06.03.2025 registered at Police Station Darhal, Rajouri for offences under Sections 333, 115(2), 351(2) and 191 (2) of the BNS, 2023 is quashed.

(RAJNESH OSWAL)

JUDGE

Jammu 12 .12.2025 Karam Chand/Secy.

Whether the order is speaking: Yes

Whether the order is reportable: Yes

Sr. No. HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Uploaded on : 12.12.2025 CrlM No. 788/2025 Mohd Zarait and others Through: Mr. Arshid Parvaiz Malik, Advocate Vs. UT of J&K and others Through: Ms. Tejasvani Anand, Advocate vice Mr. Bhanu Jasrotia, GA CORAM: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE