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2025 DAILYLAW 14164 (JK)

SUSHMA KUMARI AND ORS v. UNION TERRITORY OF J AND K TH HOME DEPTT AND ORS

CRM(M)/408/2020 · 2025-11-07

Rajnesh Oswal

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 408/2020 CrlM No. 1546/2020, 2408/2021 Date of Pronouncement: 07.11.2025 Uploaded on: 08.11.2025 Sushma Kumari and others …..Appellant(s)/Petitioner(s) Through: Ms. Damini Chauhan, Advocate vs UT of J&K and others .…. Respondent(s) Through: Mr. Bhanu Jasrotia, GA Mr. Ajaz Chowdhary, Advocate Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER(ORAL) 07.11.2025 1. The petitioners have filed this petition for quashing FIR No. 0056/2020 under Sections 147, 452, 354, 323, 504 and 506 IPC registered with Police Station, Kalakote on the ground that in respect of same incident, another FIR No. 0055/2020 has been registered at the instance of petitioner No. 3 which is prior in time and as such, two FIRs in respect of same incident cannot be registered. 2. Status report stands filed, stating therein that Investigating Officer has concluded the investigation and offences under Section 147, 336, 323, 504 and 506 IPC stand proved against the petitioners and one Mohinder Singh but charge sheet could not be filed due to interim order passed by this Court in this petition. 3. Heard learned counsel appearing for the parties. 4. It is a settled law that two FIRs in respect of the same incident i.e. one FIR having version of the complainant and another FIR having the Serial No. 32 2 CRM(M) No. 408/2020 version of the other party/accused can be registered but both the FIRs are required to be investigated by the same Investigating Officer. 5. In view of the status report filed by the official respondents that the offences under Section 147, 336, 323, 504 and 506 IPC stand proved against the petitioners and one Mohinder Singh, the FIR in question cannot be quashed. 6. At this stage, Ms. Damini Chauhan, Advocate submits that the investigation in the FIR No. 0055/2020 registered at the instance of petitioner No. 3 in respect of same incident has not been concluded till date. 7. In view of the above, the present petition is disposed of by directing the Investigating Officer to conclude the investigation in the other FIR as well and proceed in accordance with law. 8. Disposed of. (RAJNESH OSWAL) JUDGE Jammu 07.11.2025 Neha-II Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No NEHA KUMARI 2025.11.08 11:43 I attest to the accuracy and integrity of this document