J&K High Court Quashes FIR For Offence of Triple Talaq Owing To Compromise Between Parties
Upholding the power of compromise in matrimonial disputes, the Jammu & Kashmir High Court has quashed an FIR filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019, for the offence of triple talaq. Justice Sindhu Sharma, in a nuanced order, recognised the settlement reached between the couple and the potential for further injustice if the criminal...
Upholding the power of compromise in matrimonial disputes, the Jammu & Kashmir High Court has quashed an FIR filed under the Muslim Women (Protection of Rights on Marriage) Act, 2019, for the offence of triple talaq. Justice Sindhu Sharma, in a nuanced order, recognised the settlement reached between the couple and the potential for further injustice if the criminal proceedings continued.
“In view of the fact that the parties have mutually settled the dispute and to discharge/ release the parties from this dilemma, there is no reason to keep the FIR pending between the parties”, Justice Sharma recorded.
The case involved a couple, who entered into a tumultuous marriage in June 2022. Unfortunately, their relationship soured, leading to the wife filing a complaint under Section 498-A of the Indian Penal Code (IPC) and Sections 3 & 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, alleging domestic violence and triple talaq pronouncement.
Under the Muslim Women (Protection of Rights on Marriage) Act 2019, Section 3 criminalizes the act of pronouncing talaq by a Muslim man upon his wife, making it a cognizable and non-bailable offence. Section 4 prescribes the punishment for such an offense, imposing imprisonment for a term that can extend up to three years along with a fine.
These provisions seek to deter the pronouncement of talaq and provide legal protection to Muslim women against the arbitrary and instantaneous termination of their marriages, reinforcing the legislative intent to safeguard their rights and well-being.
Assailing the FIR, the husband, represented by Advocate Mansoor Ahmad Mir, argued that the couple had amicably resolved their differences and reconciled. He presented a compromise deed dated June 5, 2023, as evidence of their reconciliation and their desire to resume their marital life.
Justice Sharma, acknowledging the gravity of non-compoundable offences, emphasized the court's power to quash proceedings in certain situations, particularly when the possibility of conviction is remote and the continuation of the case would cause injustice.
Citing the Supreme Court judgments in Gian Singh v. State of Punjab and Narinder Singh v. State of Punjab, the court emphasized the distinct nature of the power of the High Court to quash criminal proceedings based on settlements between the parties. The court observed that such powers should be exercised to secure the ends of justice and prevent the abuse of the court's process.
Finding the compromise genuine and the possibility of conviction bleak, the court allowed the petition and quashed the FIR and the consequent proceedings, recognizing the reconciliation between the couple.
Case Title: Jamsheed Haroon and Another
Citation: 2023 LiveLaw (JKL) 316
Counsel For Petitioner: Mr. Mansoor Ahmad Mir.
Counsel For Respondents: Mr. T. M. Shamsi, DSGI with Ms. Yasmeen Jan, Advocate