J&K HC cautions against routine FIR revocation on settlements, cites societal impact

Srinagar, July 12: The Jammu & Kashmir and Ladakh High Court has said that FIRs and subsequent criminal cases should not be routinely revoked under Section 482 of the Code of Criminal Procedure (CrPC) simply because the parties involved have settled their differences.

This decision, as reported by livelaw.in, underscores the broader impact such actions can have on society, said the court.

Justice Mohammad Yousuf Wani expressed concern that allowing FIRs and criminal cases to be quashed based solely on the settlement between parties could undermine the integrity of the criminal justice system. He cautioned that such routine quashing could lead to adverse consequences for society at large.

The case in question involved a petition by Rajinder Kumar and others seeking the quashing of an FIR filed under Section 498-A IPC, which stemmed from a complaint under the J&K Prevention of Women against Domestic Violence Act, 2010, by Ritu Aggarwal, Kumar's wife.

Despite their settlement and obtaining a mutual consent divorce decree, Justice Wani referenced Supreme Court precedent and clarified that while the court has inherent powers under Section 482 of the CrPC to quash FIRs in exceptional circumstances, this power should be exercised judiciously.

The judge highlighted that while the legal provisions do place restrictions on compounding offenses, the High Court's powers under Section 482 are not completely restricted by these provisions, especially when the interests of society are at stake. Quoting previous cases, the court reaffirmed that the quashing of non-compoundable offenses after a settlement between parties should be approached with caution and depends on the specifics of each case.