HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 321/2024 Ashwani Kumar and others …..Appellant(s)/Petitioner(s) Through: Mr. Tushar Kalsotra, Advocate. vs UT of J&K and others .…. Respondent(s) Through: Mr. P. D. Singh, Dy. AG for Nos. 1 to 3 Mr. Akeel Wani, Advocate for No. 4 I.O. is present in person Coram: HON’BLE MR. JUSTICE RAJNESH OSWAL, JUDGE ORDER 25.04.2025 Oral: 1. The petitioners are the accused in FIR No. 29/2024 dated 14.03.2024 registered with Police Station, Bishnah for offences under Sections 341, 342, 323 and 147 IPC at the instance of respondent No. 4, who happens to be the sister-in-law of petitioner Nos. 1 and 2. Another FIR bearing No. 30/2024 for offences under Sections 451, 323, 427, 147, 504 and 506 IPC has been registered against the respondent No. 4, her husband, her father and her sister at the instance of petitioner No. 4, who is one of the accused in FIR No. 29/2024. 2. Both the FIRs have been registered in respect of the same occurrence and the petitioners have sought the quashment of FIR bearing No. 29/2024 on the ground that there is civil dispute between the parties and it is not for the first time that the false and frivolous FIR has been registered against the petitioners. 3. Learned counsel for the petitioners further submits that respondent No. 4 is in the habit of filing false and frivolous complaints against the petitioners and one such complaint was dismissed for non-prosecution. 55 2 CRM(M) No. 321/2024 4. Mr. P. D. Singh, learned Dy. AG representing official respondents has submitted that disputed questions of fact have been raised by the petitioners, which cannot be considered and adjudicated upon in the instant petition for quashing the FIR. 5. Investigating Officer, Head Constable Mr. Vijay Kumar, present in person, has investigated both the FIRs i.e. FIR No. 29/2024 and FIR No. 30/2024. He has submitted that he has completed the investigation and the charge-sheet is ready to be filed before the competent court of law. He has further submitted that he has proved the offences against all the petitioners. 6. This Court has perused the Case Diary and it is found that the respondent No. 4 has suffered injuries, though simple in nature. 7. In view of this, this Court does not find any reason to show indulgence more particularly, when the grounds on which the FIR is being sought to be quashed are disputed questions of fact. Accordingly, the present petition is disposed of by directing the Investigating Officer to proceed in accordance with law and take into consideration the defence of the petitioners as well. 8. Disposed of along with connected applications. 9. Interim direction(s), if any, shall stand vacated in both the FIRs referred above. (RAJNESH OSWAL) JUDGE Jammu 25.04.2025 Vishal Sharma Rakesh Kumar 2025.04.29 09:23 I attest to the accuracy and integrity of this document