07 Regular IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 713/2024) SARA BEGUM AND ANR ….. Petitioner(s) Through: Mr. Rafi Ahmad Dar, Adv. V/s UNION TERRITORY OF J AND K AND ANR. ….. Respondent(s) Through: Mr. Hakeem Aman Ali, Dy. AG Coram: Hon’ble Mr. Justice Sanjay Dhar, Judge ORDER 06.06.2026 1. The petitioners, through the medium of present petition, have challenged FIR No. 3/2024 for offences under Section 341, 336, 323 and 506 of IPC registered with Police Station, Panzalla, Baramulla. 2. As per the impugned FIR, on 12.02.2024, a written report was lodged by the complainant/Tanveer Ahmad Bhat in an injured condition before the Police alleging therein that on the said day while he was coming back to his home from the residence of his sister, petitioner No. 2 wrongfully restrained him whereafter he caught hold of his throat and pierced his nails into his throat as a result of which, he received injuries. In the meanwhile, the mother of petitioner No. 2 [petitioner P a g e | 2 CRM(M) 713/2024 No. 1] herein also came to spot armed with stones. She started throwing stones on the complainant who was rescued by the neighbors living over there otherwise he would have been killed by the petitioners. 3. The petitioners have challenged the impugned FIR on the ground that the allegation levelled are absolutely false and in fact the said FIR has been lodged as a counter blast to the FIR bearing No. 4/2024 lodged by the petitioners against the complainant party regarding the same occurrence. It has been submitted that the petitioners have been unnecessarily victimized and that petitioner No. 2 who is doing a job at Saudi Arabia, has been implicated to cause harm to him. 4. I have heard learned counsel for the parties and perused the record including the case diary which has been produced by Sub Inspector-Manzoor Ahmad. 5. A perusal of the case diary would reveal that the official respondents after conducting investigation in the case have reached a conclusion that the offences under Sections 341, 323, 336 of IPC are made out against both the petitioners. Record of the case diary further reveals that there are statements of witnesses recorded under Section 161 of Cr.PC which support the allegations made in the impugned FIR. P a g e | 3 CRM(M) 713/2024 6. It is a settled law that if the allegations made in the FIR and the material collected during investigation of the case disclose commission of cognizable offences, it is not open to the High Court to quash the proceedings by exercising its powers under Section 528 of BNSS/482 of Cr.PC. 7. In the present case, the allegations made in the impugned FIR clearly disclose commission of cognizable offences. The same stand substantiated by the statements of the witnesses recorded by the Investigating Agency during investigation of the case. Therefore, it is not legally permissible for this Court to quash the proceedings in the instant case. 8. So far as the contention of the petitioners that the present case is a counter blast to FIR No. 4/2024 is concerned, it is to be noted that legally it is permissible to register two conflicting FIRs for the same event. In the present case while the petitioners claim that they were beaten up by respondent No. 2 and his associates, respondent No. 2 and his associates claim that they were beaten up by the petitioners. In such a situation, it was permissible to the police to register two counter FIRs as two rival versions relating to same event were projected by the rival factions. In such cases normally investigation has to be conducted by one and the same P a g e | 4 CRM(M) 713/2024 investigating officer but in the instant case, by the time the petitioners approached this court challan in FIR No. 4/2024 had already been filed. However, it would be appropriate if the challans arising out of both the FIRs are tried together by one and the same court. 9. In view of the above, while dismissing the petition, respondent No. 1 is permitted to file challan against the petitioners. However, the challan shall be presented before the same court in which challan in respect of FIR No. 4/2024 is pending so that both the challans are tried together. (Sanjay Dhar) Judge SRINAGAR 06.06.2026 Aasif