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2017 DAILYLAW 1338 (JK)

GHULAM MOHAMMAD WANI AND OTHERS v. STATE OF JANDK THROUGH SSP OF POLICE

CRMC/105/2017 · 2026-02-27

Rahul Bharti

body2017

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRMC No. 105/2017 Ghulam Mohammad Wani and others ….. Petitioners Through: Mr. M. I. Qadiri, Advocate Vs State of J&K through SSP of Police, Baramulla and others .…. Respondents Through: Mr. Hakim Aman Ali, Dy. AG CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (27.02.2026) 01. The four petitioners had come forward with the present petition on 23.05.2017 when the Jammu & Kashmir Code of Criminal Procedure, Svt., 1989 was governing the criminal procedure in the then State of Jammu & Kashmir and the petitioners came forward invoking inherent power of this Court as preserved under section 561-A for quashment of FIR No. 24/2014, FIR No. 19/2016, FIR No. 54/2013 and a private criminal complaint. 02. FIR No. 54/2013 dated 25.08.2013 is of Police Station Seeri, Baramulla which resulted in presentation of a Final Police Report (Challan) No. 36/2013 and the criminal complaint is under sections 403 & 406 of RPC before the Serial No. 15 Regular Cause List 2 CRMC No. 105/2017 court of learned Judicial Magistrate, Baramulla instituted on 20.05.2014. 03. FIR No. 24/2014 dated 26.04.2014 is of Police Station Seeri, Baramulla in which Final Police Report (Challan) No. 26 of 2014 came to be presented. 04. FIR No. 19/2016 dated 20.05.2016 is of Police Station Seeri, Baramulla in which Final Police Report (Challan) No. 18/2026 came to be presented. 05. From 22.04.2021 onwards, the petitioners came to avail indulgence of this Court on the pretext that an amicable settlement is going on between the parties i.e. the petitioners as well as the respondents No. 3 to 4 which would be reported and, thus, from 22.04.2021 till date in the name of negotiation and settlement between the parties this case has been going on and on via adjournment mode. 06. This Court cannot be held hostage waiting for a formal compromise to be submitted before this Court for facilitating disposal of this petition and consequent quashment of the criminal cases going on by reference to the aforesaid FIRs and criminal complaint. 07. In light of the aforesaid, this Court dismisses this petition leaving it free for the petitioners and the private respondents to come up with the compromise in writing 3 CRMC No. 105/2017 before the respective courts wherever the criminal cases are going on and thereafter on the basis of the compromise so put up before the respective courts then to come forward with a fresh joint petition for seeking quashment of the criminal cases. 08. It is pertinent to put on record that all along the course of pendency of this petition, there was no stay order operating in the case with respect to ongoing trial of the criminal cases and, therefore, the onus is now upon the petitioners as well as the private respondents to act as per their discretion and in case they have come to an amicable settlement then to come forward with an appropriate legal course of action for seeking winding up of the said criminal cases. 09. A copy of this order be forwarded by the Registrar Judicial, Srinagar to the respective criminal courts seized of the trial of the cases. (RAHUL BHARTI) JUDGE SRINAGAR 27.02.2026 Opinder