HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 582/2023 Lal Chand …..Appellant(s)/Petitioner(s) Through: Ms. Garima Gupta, Adv. vs Rekha Devi .…. Respondent(s) Through: Mr. Ishan Sharma, Adv. Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 30.01.2026 ORAL: 1. The petitioner is seeking quashing of criminal proceedings of the complaint, tilted, “Mst. Rekha Devi vs. Jial Lal and others” pending before the court of JMIC, Bani, wherein process for commission of offences under sections 494, 109 and 120-B RPC has been issued against the petitioner, on the ground of parity as in the similar complaint, proceedings were quashed qua the petitioners in petitions, titled, “Tilak Raj and another vs. Rekha Devi and others (CRMC No. 44/2010)” and “Kanta Devi vs. Rekha Devi and others (CRMC No. 45/2014)” vide judgments dated 18.07.2013 and 29.10.2021 respectively. 2. The respondent has filed the response thereby asserting the factual aspects of the case but in fact has not replied at all to the positive assertion made by the petitioner in his petition that he is neither the family member nor relative/friend of Jia Lal and Reva Devi. 3. Learned counsel for the petitioner has placed reliance upon aforesaid judgments to assert that the case of the petitioner is identical to that of petitioners in the said petitions. 39 CRM(M) No. 582/2023 Page 2 of 2 4. Per contra, learned counsel for the respondent has submitted that earlier two more petitions were filed for quashing the same complaint but the same were dismissed by the Coordinate Bench of this Court. He has produced orders passed in CRM(M) No. 305/2022, tilted, “Beer Singh and others vs. Rekha Devi and others” decided on 20.02.2023 and CRMC No. 68/2014, titled “Reva Devi and another vs. Rekha Devi and others” decided on 29.10.2021. 5. Heard and perused the record. 6. It is the positive stand of the petitioner that the petitioner is not the family member of Jia Lal and Reva Devi and also not their friend. This fact has not at all been denied by the respondent. 7. The case of the petitioner is identical to that of petitioners in petitions, titled, “Tilak Raj and another vs. Rekha Devi and others” (CRMC No. 44/2010) and “Kanta Devi vs. Rekha Devi and others” (CRMC No. 45/2014). The judgments relied upon by the learned counsel for the respondent is not applicable qua the petitioner as the petitioners in those cases were related to Jia Lal/Reva Devi, as the case may be, whereas the petitioner is not at all related to Jia Lal/Reva Devi. 8. In that view of the matter, the criminal proceedings of case titled “Mst. Rekha Devi vs. Jia Lal and others” pending in the court of learned JMIC Bani are quashed qua the petitioner only on the ground of parity. (RAJNESH OSWAL) JUDGE Jammu 30.01.2026 Rakesh Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Rakesh Kumar 2026.01.31 11:31 I attest to the accuracy and integrity of this document