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2025 DAILYLAW 3257 (JK)

ZANIB BEGUM AND OTHERS v. U T OF J AND K TH INCHARGE POLICE STATION DARHAL RAJOURI AND ANOTHER

CRM(M)/396/2022 · 2025-06-05

Rahul Bharti

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM (M) No. 396/2022 Zanib Begum and ors. .....Applicant(s)/Petitioner(s) Through :- Mr. Vikram Sharma, Sr. Advocate with Mr. Sachin Dev Singh, Advocate v/s U.T. of J&K and ors. .....Respondent(s) Through :- Mr. Bhanu Jasrotia, GA CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 05.06.2025 1. This is a part heard matter. In furtherance of the hearing of this case, Mr. Bhanu Jasrotia, learned Government Advocate has come forward with a fresh compliance-cum-status report in respect to the investigation of the FIR No. 46/2022 registered by the Police Station Darhal for offences under sections 354/382/323/147 Indian Penal Code, which was lodged by first informant, namely, Nasreen Akhter, who is the respondent No. 2 herein. 2. The petitioners are the persons who came to be named as accused in said FIR which constrained them to come to this Court with the present petition seeking quashment of said FIR on the plea that the registration of FIR is nothing but a ploy on part of the respondent No. 2 to harass and blackmail the petitioners under cloak of the said FIR registered against them. 3. The petitioners have come forward with the facts and circumstances cited in the petition in the light of which they have come up with the averments that registration of the FIR by respondent No. 2 is an act of abuse of process of law on the face of it. Sr. No. 54 2 4. The plea of the petitioners that present FIR No. 46 of 2022 is an abuse of process of law is getting confirmed from the status report dated 09.02.2025, which has come to be filed by the concerned SHO Police Station Darhal. 5. In terms of the order dated 20.05.2022, this Court had allowed investigation of the FIR No. 46 of 2022 to be carried forward only against the respondent No. 5 but staying any investigation with respect to the petitioner Nos. 1 to 4 and 6. 6. Even with respect to the investigation, viz. the petitioner No. 5, status of FIR viz-a-viz the petitioner No. 5, SHO Police Station Darhal is coming forward with a status report stating therein that as latest as in the month of February, 2025, the respondent No. 2 being the first informant is not voluntarily herself to be examined in support of the accusations made by her in FIR No. 46 of 2022, meaning thereby the first informant is actually letting the FIR go without any investigation by denying her cooperation to the Investigating Officer which is a first hand confirmation of the fact that the FIR is an abuse of the process of law. 7. 7. As such, this petition is allowed, and the present FIR bearing No. 46 of 2022 is hereby quashed. 8. Disposed of. 9. Copy of this order be forwarded to the SHO Police Station Darhal for notice and record. (RAHUL BHARTI) Judge JAMMU 05.06.2025 Suraj K. Singh