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High Court of Jammu and Kashmir · body

2021 DAILYLAW 740 (JK)

MOHD IQBAL AND OTHERS v. FARIDA BEGUM

CRM(M)/668/2021 · 2026-02-27

Rajesh Sekhri

body2021

Judgment text

Extracted from the PDF above. The PDF is authoritative.

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No.668/2021 CrlM No.578/2025 CrlM No.1983/2021 CR Mohd. Iqbal & Ors. …..Petitioner/Applicant(s) Through: Mr. Matloob Hussain Mughal, Advocate. Vs Farida Begum .…. Respondent(s) Through: Mr. Abrar Ahmed Khan, Advocate. CORAM: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 27.02.2026 01. Petitioners have invoked inherent jurisdiction of this Court for the quashment of criminal complaint titled “Farida Begum V/s Mohd. Iqbal & Ors.”, pending on the files of learned Judicial Magistrate 1st Class, Kotranka [ “the trial Court” ], primarily on the ground that a matrimonial dispute is sought to be given a criminal colour, which is not permissible in law. 02. Background facts of the case are that respondent preferred the aforetitled complaint in the trial Court alleging inter alia that on 02.04.2021, a Panchayat was held regarding her matrimonial dispute. During conversation in the said Panchayat, accused persons, the petitioners herein, started abusing her using filthy language and when she tried to run away, she was caught hold, dragged and beaten with fists and blows, due to which she was grievously injured. On the receipt of this complaint, learned trial Court vide order dated 03.04.2021 took cognizance for offences under Sections 323/341/147 IPC. Sr. No. 10 2 03. The High Court, no doubt, in exercise of inherent jurisdiction is vested with power to prevent the abuse of process of law of any Court, however, it is trite in law that if the contents of an FIR or a complaint, as the case may be, prima facie, discloses the commission of cognizable offence/offences, investigation or inquiry or trial cannot be scuttled at the threshold. 04. A perusal of the impugned complaint reveals that prima facie offences under Sections 323/341 IPC are disclosed, therefore, present petition is found bereft of merit, hence dismissed. The impugned order of cognizance is upheld. 05. Learned trial Court is directed to proceed with the trial of the complaint and make an endeavour to dispose it of preferably within a period of six months from the date copy of this order is made available. 06. Disposed of along with connected application(s). (Rajesh Sekhri) Judge Jammu 27.02.2026 Eva