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2025 DIGILAW 56 (JK)

Owais Altaf Paddar And Ors. v. Union Territory Through Police Station Kulgam And Ors

2025-02-21

JAVED IQBAL WANI

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ORDER : 1. Petitioners herein have invoked the inherent power of this Court enshrined under Section 482 CrPC for quashing of FIR No.249/2021 registered with Police Station, Kulgam for offence under Sections147, 447, 354 IPC. 2. Facts emerging from the record would reveal that respondent 2 herein filed application under Section 156(3) before the Chief Judicial Magistrate, Kulgam, against the petitioners herein, alleging herein that as a routine when she, along with other private respondents herein, visited her land for doing regular work on 28 th of November 2021 accused petitioners herein were found to have trespassed upon the said land and digging pits thereon illegally and upon being challenged, the accused petitioners gave merciless beating to them, dragged them on the ground and also outraged her modesty and that they only came to be saved by some passersby. 3. While maintaining the said application before the Magistrate, the complainants had also contended therein that before filing the same, they approached the concerned SHO for registration of a case against the accused petitioners who failed to take any action thereof compelling the complainants herein to file an application before the Magistrate. 4. The Magistrate, after entertaining the application and upon considering the same directed the concerned SHO to register a case against the accused petitioners whereafter the impugned FIR came to be registered for commission of offences under Sections 147, 447 and354 IPC with Police Station Kulgam. 5. The petitioners herein have challenged the impugned FIR in the instant petition on the premise that the allegations leveled in the impugned FIR by the complainants/respondents are baseless and that, in fact, in the month of November 2020, the petitioners were laying a slope on their pathway, connecting the main road to their residence in order to make their path motorable for their ingress and egress and that the respondents 2 to 5 herein however, without any reason and justification lodged the impugned FIR despite the fact that the allegations of trespass leveled against the petitioners herein by the complainants/respondents herein qua the land is Shamilt land /common land and not their proprietary land. It is further stated that the impugned FIR has been got registered as a counter blast subsequent to the FIR of the petitioners herein being FIR No. 223/2020 for offences under Sections 452, 492, 506 and 354 IPC registered against them. It is further stated that the impugned FIR has been got registered as a counter blast subsequent to the FIR of the petitioners herein being FIR No. 223/2020 for offences under Sections 452, 492, 506 and 354 IPC registered against them. It is being next stated that the impugned FIR is bad in law, arbitrary, discriminatory and against the relevant provisions of law and that the impugned FIR, in fact, has arisen out of a civil dispute inter-se the parties having been converted by the private respondents into an criminal case in terms of impugned FIR and that the ingredients of alleged offence mentioned in the FIR are not made out against the petitioners. 6. Reply/Status – report to the petition has been filed by the official respondents wherein the registration of FIR pursuant to the directions of the Chief Judicial Magistrate, Kulgam is being admitted against the petitioners herein. It is further stated that upon undertaking investigation of the FIR, site plan came to be prepared and statement of witnesses came to be recorded and during the course of investigation, one accused namely Ishrat Altaf referred in the FIR was found to be not involved in the commission of offences being not present on the date of occurrence. It is next stated that during the course of investigation, revenue records were collected from the office of Executive Magistrate, 1 st Class Kulgam, whereunder the land in question was found to be neither belonging to the petitioners nor to the complainants/respondents herein resulting into dropping of offences under Section 447 IPC. It is, however, lastly stated that upon conclusion of the investigation, offences under Sections 147, 354, 392, and 201 were found to have been committed by the petitioners and that the charge sheet in the case, however, could not be filed before the competent court in view of a restraint order passed by this Court against the filing of the same. Heard counsel for the parties and perused the record. 7. Insofar as the exercise of inherent power by this Court for quashing of an FIR is concerned, law is no more res-integra and stands settled by series of judgments passed by the Apex Court including in case titled as “Neeharika Infrastructure Private Limited Vs. Heard counsel for the parties and perused the record. 7. Insofar as the exercise of inherent power by this Court for quashing of an FIR is concerned, law is no more res-integra and stands settled by series of judgments passed by the Apex Court including in case titled as “Neeharika Infrastructure Private Limited Vs. State of Maharashtra and Ors” ., reported in AIR 2021 SC 1918 wherein the Apex Court has laid down parameters within which the inherent power for quashing of FIR could be exercised while taking into account the law earlier laid down by the Apex Court in case titled as “ State of Haryana and Ors., v. Bhajan Lal and Ors ” ., reported in 1992 Supp (1) SCC 335 , and while summing up, the scope and ambit of power exercisable by the High Court’s has held that Courts would not thwart any investigation into a cognizable offence, and that the power of quashing should be exercised sparingly, with circumspection, in the rarest of rarer cases, (not to be confused with the formation in the context of death penalty), and that while examining the FIR quashing of which is sought, the Court cannot embark upon an enquiry, as to the reliability or genuineness, or otherwise, of the allegations made in the FIR, holding further that quashing of FIR should be an exception rather than an ordinary rule, and that under Section 482 CrPC, the Court only has to consider as to whether the allegation in the FIR disclose commission of offences or not, and that the Court is not required to consider on merits whether or not the merits of the allegations make out a cognizable offences. 8. 8. Having regard to the aforesaid position and principle of law laid down by the Apex Code, and reverting back to the case in hand, though the petitioners herein have in the grounds urged in the petition against the impugned FIR alleged that the FIR is baseless and unfounded and result of a counter blast to the FIR earlier got registered by the petitioners herein against the private respondents, and that the impugned FIR in essence is an attempt made by the private respondents to convert the civil dispute between the parties into a criminal, and that the offences alleged to have been committed by the petitioners herein referred in the FIR are not made out, yet it cannot be overlooked that the investigation conducted in the matter by the investigating agencies has concluded and found the commission of offences stand committed by the petitioners herein under Sections 147, 354, 392, and 201. Besides a closer examination of the CD file also reveals that the investigating agencies seemingly has collected the evidence against the petitioners and has concluded that the offences in question are established to have been committed by the petitioners. 9. Viewed thus, for what has been observed, considered, and analysed hereinabove, the instant petition is liable to be dismissed and is accordingly dismissed . Interim direction dated 21.12.2021 is vacated. 10. CD file produced by counsel for the respondents is returned back in the open court. 11. Disposed of.