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2025 DAILYLAW 633 (JK)

SAHIL BASHIR WANI v. UNION TERRITORY THROUGH POLICE STATION PAHALGAM AND ANR. (HOME)

CRM(M)/311/2025 · 2026-02-03

Moksha Khajuria Kazmi

body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

Serial No. 101 Regular Cause list HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 311/2025 CrlM 739/2025 SAHIL BASHIR WANI …Appellant(s)/Petitioner(s) Through: Mr. A. Hanan, Advocate Vs. UNION TERRITORY THROUGH POLICE STATION PAHALGAM AND ANR. (HOME) ...Respondent(s) Through: None CORAM: HON’BLE MS. JUSTICE MOKSHA KHAJURIA KAZMI, JUDGE. ORDER 03.02.2026 1. By this petition, the petitioner has sought the quashing of FIR No. 15 /2024 dated 13.04.2024 of Police Station Pahalgam registered against him for commission of offences punishable in terms of Sections 147, 341, 323, 427 IPC. The petitioner has also sought the quashing of the proceedings pending before the Court of learned Additional Special Mobile Magistrate Pahalgam [‘hereinafter to be referred as Trial Court’], pending against the petitioner in pursuance to the FIR in question. 2. The case setup by the petitioner is that based on a complaint filed by the respondent No. 2 against the petitioner, the FIR in question was registered against the petitioner for the commission of aforestated offences, which culminated into presentation of challan before the Trial Court. 3. During the pendency of proceedings before the Trial Court, the respondent No. 2 and the petitioner have entered into a compromise, in terms whereof, the respondent No 2 has desired not to pursue the complaint and the case registered against the petitioner any further. 4. The copy of the compromise has been placed on record, its perusal whereof reveals that the respondent No. 2 - complainant has shown his willingness not to support the imputations made in the FIR No. 15 dated 13.04.2024 and the complaint, as the FIR has been registered on the basis of misunderstanding. 5. Since the FIR and the proceedings launched in pursuance thereto are an offshoot of the complaint filed by respondent No 2 before Police Station Pahalgam, which the complainant is withdrawing, the basis of the FIR as also the proceedings pending before the Trial Court have, in essence, lost its efficacy, therefore do not deserve to be continued. 6. Accordingly, in acceptance of the instant petition, the impugned FIR No. 15/2024 dated 13.04.2024 of Police Station Pahalgam registered for the commission of offences punishable in terms of Sections 147, 341, 323, 427 IPC are quashed. As a sequel to the quashing of FIR, the proceedings before the Trial Court, in pursuance to the FIR supra, are also quashed. 7. The instant petition is disposed of on the above lines along with connected Crlm. (MOKSHA KHAJURIA KAZMI) JUDGE SRINAGAR: 03.02.2026 “Adil Ismail”