HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 108/2024 Hukum Chand and others …..Appellant(s)/Petitioner(s) Through: Mr. R. D. S. Bandral, Adv. vs U. T. of J&K and another .…. Respondent(s) Through: Mr. Suneel Malhotra, GA for No. 1 Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 30.01.2026 ORAL: 1. The petitioners have filed the instant petition for quashing FIR No. 0008/2024 dated 26.01.2024 registered with Police Station Basohli, Kathua against the petitioners at the instance of respondent No. 2 for commission of offences under sections 451, 342, 323, 504, 406 and 147 IPC, on the ground that the same has been lodged by respondent No. 2 because a civil dispute is going on between the contesting parties before the court of Munsiff Mahanpur. 2. Status report has been filed by the official respondent, wherein it is stated that after registration of impugned FIR and during investigation, offences under sections 451, 323, 504 and 506 IPC were not proved against petitioner Nos. 4 and 5, whereas offences under sections 451, 323, 504 and 506 IPC have been proved against petitioner Nos. 1 to 3. It is also stated that during investigation, the Investigating Officer seized one sickle as weapon of offence produced by petitioner No. 3 and as per medical opinion, respondent No. 2 has suffered injuries which were simple in nature. 11 CRM(M) No. 108/2024 Page 2 of 2 3. Learned counsel for the petitioners submits that the petitioner No. 1 has already passed away during the pendency of instant petition and respondent No. 2 has lodged the impugned FIR on false and frivolous grounds, just to settle the civil dispute. 4. Per contra, Mr. Suneel Malhotra, learned GA representing respondent No. 1 submits that the petitioners have raised disputed questions of facts and the same cannot be adjudicated while considering the petition under section 482 Cr.P.C. 5. Heard and perused the record. 6. The petitioner No. 1 has already passed away and during investigation, the complicity of petitioner Nos. 4 and 5 has not been established, as a result of which, they were removed from the array of accused. However, offences under sections 451, 323, 504 and 506 IPC have been established against petitioner Nos. 1 to 3. 7. The contention raised by the petitioners that because of a civil dispute, a false and frivolous FIR has been lodged against them, cannot be appreciated at this stage in view of the medical opinion that the respondent No. 2 has suffered injuries of simple nature. 8. As the petitioner No. 1 has passed away, the present petition is disposed of by directing petitioner Nos. 2 and 3 to project their grievances before the learned trial court in the event, charge sheet is filed against them. 9. Disposed of. (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