Sr. No. 14 HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM (M) No. 601/2024 Mohd Shabir and others …. Petitioner/Appellant(s) Through:- None V/s UT of J&K and another …..Respondent(s) Through:- Ms. Shazia Asaf, Advocate vice Mr. Eishaan Dadhichi, GA CORAM: HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL, JUDGE ORDER 13.08.2025 1. There was no representation on behalf of the petitioners on the previous dates, i.e., 05.03.2025 and 13.05.2025, and same is the situation today. 2. Petitioners, being aggrieved of the registration of the FIR No. 0109/2024, at Police Station Mendhar, Distt. Poonch for offences punishable under Sections 329(3), 115(2), 191(2), 352, 351(2), 127(2) BNS 2023 have filed this petition seeking quashment of the said FIR, precisely on the following grounds i. that the registration of FIR amounts to abuse of process of law on the basis of false facts and allegations. ii. That the allegations in the FIR, if taken at their face value and accepted in their entirety, do not prima facie constitute any offence or make out the case against the petitioners. iii. That the allegations against the petitioners cannot sustain as the petitioner Nos. 1, 2 and one Mohd. Sagir are the owners, in possession __________ and occupation of the land and the allegations of trespass under Section 329 cannot sustain in respect of their own land. 3. The allegations contained in the FIR are reproduced as under: 1. That the applicant and non-applicants are residents of Village Chajjla Tehsil Mankote Distt Poonch. 2. That the non-applicants want to grab the share of applicant’s family members and with respect to that the non-applicants are at enmity with the applicant and her family members from last 06 months. 3. That on 06/07/2024 at about 02 pm, the non-applicant with common and criminal intention and after carrying axes, lathes... and deadly weapon in their hand trespassed into the property of applicant family along with tractor and thereafter started ploughing the field of applicant family member forcibly. the applicant went to the field on seeing that the non-applicant are ploughing the field forcibly and requested the non-applicant for not doing so. But the non- applicant instead of acceding to the request of applicant started beating the applicant with lathes fist and kicks abused and abused the applicant with filthy language and threaten the applicant and her family members for dire consequences of murder. the applicant due to beating of non-applicants received multiple injuries on the head, legs, arm and back side. (photographs are enclosed herewith for kind perusal of Hon'ble Court) 4. That after beating the applicant non-applicants dragged the applicant forcibly after tying the hand and feets, upto the house of applicant, where the non-applicants kept confines the applicant and other family raised the hue and cry, some nearby person rushed on the spot and save the applicant and other family member from the cloches of accused person, otherwise there every possible apprehensions that the accused may murder the applicant and her family members. 5. That applicant was shifted to GMC Rajouri for treatment and despite producing relevant medical record, SHO PS Mendhar, I/C Pp Mankote has not lodged the fir against the non-applicant. The applicant through registered post on 13/07/2024 send the application to SSP Poonch for taking action under law against the non-applicants. but despite that till no any action has been taken. (copy of application presented to SHO PS Mendhar and copy of application sent through registered post is enclosed herewith for kind perusal of Hon'ble Court. it is therefore most humbly prayed that Hon'ble Court may kindly be pleased be direct SHO PS Mendhar for lodging of fir against non-applicants. 4. I have gone through the contents of the FIR and find that the same discloses commission of cognizable offences which cannot be quash at __________ this stage. The allegations levelled in the said FIR, whether true or false are to be ascertained during investigation, which fall within the exclusive domain of the Investigating Agency. The police shall, therefore, proceed with the investigation strictly, in accordance with law to ascertain the veracity of the allegations made therein. It is for the Investigating Agency to collect evidence and based on the same, establish whether the allegations are substantiated or not. 5. In view of the above, the instant petition being without any merit is dismissed. 6. Interim directions stand vacated. (Vinod Chatterji Koul) Judge Jammu: 13.08.2025 Shafqat