OWAIS AHMAD RATHER v. UNION TERRITORY THROUGH POLICE STATION ZAKURA AND ANOTHER (POLICE / HOME)
CRM(M)/288/2026 · 2026-05-15
Sanjay Parihar
body2026
DailyLaw.ai
[ 2026 DAILYLAW 1133 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2026 DAILYLAW 1133 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
S. No. 01 Regular Cause List
INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) 288/2026 CrlM(672/2026)
OWAIS AHMAD RATHER
…Appellant(s)/Petitioner(s) Through: Mr. Aquib Khan, Advocate Vs.
UNION TERRITORY THROUGH POLICE STATION ZAKURA AND ANOTHER
...Respondent(s) Through: Mr. Harris Khan, Assisting counsel
CORAM:
HON’BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER 15.05.2026
1. Upon consideration of the previous direction dated 08.05.2026, statements of the parties came to be recorded before the Registrar Judicial of this Court. From the chargesheet placed on record, it transpires that offences under Sections 279 and 337 IPC stand registered against the petitioner. While the offence punishable under Section 337 IPC is compoundable in nature, the offence under Section 279 IPC is non-compoundable.
2. Be that as it may, having regard to the nature and circumstances of the case, coupled with the fact that the parties have amicably resolved their dispute through an out-of-court settlement, which stands duly affirmed by their statements recorded on oath before the Registrar Judicial, this Court is of the considered opinion that continuation of the criminal proceedings would amount to a futile exercise and
unnecessary wastage of valuable judicial time. It is evident that in view of the compromise arrived at between the parties, the injured is not likely to support the prosecution case before the Trial Court.
3. Further, the offences in question do not appear to be of such nature so as to affect public policy or have any serious impact upon society at large. In these peculiar facts and circumstances, this Court deems it appropriate to invoke its inherent jurisdiction for securing the ends of justice.
4. Accordingly, the proceedings arising out of FIR no.40/2023 followed by chargesheet for offences under Sections 279/ 337 IPC, pending before the trial Court, are hereby quashed. Petition stands disposed of along with all connected applications, if any.
(SANJAY PARIHAR)
JUDGE Srinagar 15.05.2026
“Imtiyaz” Imtiyaz Ul Gani I attest to the accuracy and authenticity of this document 15.05.2026 17:31