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2025 DAILYLAW 13154 (JK)

ABDUL RASHID KHANDAY v. UNION TERRITORY OF J AND K AND ORS. (HOME)

CRM(M)/114/2025 · 2025-03-07

Javed Iqbal Wani

body2025

Judgment text

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Sr. No. 105 Suppl. IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CrlM(240/2025) IN CRM(M) 114/2025 ABDUL RASHID KHANDAY …Petitioner(s)/appellant(s) Through: Mr. T.A. Lone, Advocate Vs. UNION TERRITORY OF J AND K AND ORS. ...Respondent(s) Through: Mr. Bikramdeep Singh, Dy. AG. Mr. Sajad Sarwar Wani, Advocate CORAM: HON’BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE O R D E R 07-03-2025 1. Upon coming of this matter for consideration, the counsel for the petitioner would contend that an amicable settlement has been reached between the petitioner and the contesting respondent, who had filed a complaint against the petitioner herein, which had got resulted into registration of an FIR bearing No. 22/2024 for offences under Sections 420, 403, 405, 463, 464, 467, 468, 34 IPC registered with Police Station Bemina, Srinagar. It is further submitted that in pursuance of the said amicable settlement, the complainant-respondent 3 has agreed not to pursue the criminal case against the petitioner herein. 2. Mr. Sajad Sarwar Wani, Advocate, appears and states that he represents respondent 3 herein and admits of the submissions made by the counsel for the petitioner. 3. In view of the aforesaid submissions made by the appearing counsel for the parties, disposal of the instant petition is being sought and consequent quashment of the FIR No. 22/2024, in view of the law laid down by the Apex Court in case titled as <Gian Singh Vs. State of Punjab and Anr= reported in 2012 (10) SCC 303 and in case titled as “Lovely Salhotra and Anr Vs. State (NCT of Delhi) and Anr= reported in 2018 SCC 391. Junaid Ayoub I attest to the accuracy and authenticity of this document Heard learned counsel for the parties and perused the record. 4. Perusal of the record reveals that in respect of the FIR in question, CRM(M) No. 699/2024 stands already disposed of, and the FIR in question was quashed in respect of the petitioner therein in the said CRM(M) No. 699/2024 pursuant to the order passed by this Court on 29.11.2024. 5. Record also reveals that the present petitioner is also an accused in the same FIR which stands quashed qua the petitioners of CRM(M) No. 699/2024 (supra) on the basis of an amicable settlement therein in the said petition between the contesting parties. 6. Having regard to the aforesaid position obtaining in the matter, the instant petition as well is disposed of and the impugned FIR No. 22/2024 registered with Police Station, Bemina is quashed insofar as petitioner herein is concerned, particularly in view of the law laid down by the Apex Court in judgments (supra). 7. Disposed of along with all connected applications. (JAVED IQBAL WANI) JUDGE SRINAGAR 07-03-2025 Junaid Junaid Ayoub I attest to the accuracy and authenticity of this document