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2026 DAILYLAW 1194 (JK)

WAHEEDA AKHTER AND ANR. v. UNION TERRITORY THROUGH SENIOR SUPERINTENDENT OF POLICE AND ORS. (HOME DEPARTMENT)

CRM(M)/430/2024 · 2026-05-07

Sanjay Dhar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Pronounced on:07.05.2026 Uploaded on: 11.05.2026 Whether the operative part or full judgment is pronounced: Full CRM(M) No.430/2024 WAHEEDA AKHTER ...PETITIONER/APPELLANT(S) Through: - Mr. Mohammad Yawar Hussain, Advocate. Vs. UT OF J&K & ORS. …RESPONDENT(S) Through: - CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER(ORAL) 1) The petitioner, through the medium of present petition filed under Section 528 of BNSS, has challenged FIR No.45/2024 for offences under Section 451, 34, 506 of IPC registered with Police Station, Nishat. 2) As per the contents of the FIR, on 12.06.2024, the complainant (respondent No.3) lodged a written report with the police, alleging therein that he was working with the business concern of his brother, namely, Ghulam Jeelani Reshi (petitioner No.2 herein), and was receiving the monthly salary from him and subsequently he left the business concern of his brother and started his own Sr. No.7 Regular List P a g e | 2 business some twenty days back. It has been alleged that due to greed and animosity, the brother of the complainant along with his family members started causing problems in the business affairs of the complainant without any justification and they, with the help of some goons and gundas, barged into the house of the complainant, gave him a beating and harassed him along with his family members. It has been alleged that mother of Waheeda Akhter (petitioner No.1 herein), who is working in the Police Department, threatened the complainant that she will involve him and his family members in serious offences. On the basis of this report, the impugned FIR was registered and investigation was set into motion. 3) It seems that during pendency of the aforesaid proceedings, the parties have entered into a compromise on 26.12.2025. In support of the compromise, the statements of petitioners and respondent No.3 (complainant) have been recorded by the Registrar Judicial on 30.04.2026, wherein they have stated that they have amicably settled their dispute and that they have no grievance against each other. Complainant/respondent No.3 has stated that he does not want to pursue the criminal proceedings against the accused. 4) Heard and considered. P a g e | 3 5) So far as the fact pertaining to the compromise arrived at between the parties, is concerned, the same is not in dispute. The offences that have been disclosed against the petitioners are compoundable in nature. Therefore, once the complainant/respondent No.3 has agreed to settle the matter with the petitioners, there is no legal impediment in compounding these offences. Even otherwise, the petitioners and respondent No.3 belong to the same family and are closely related to each other. Therefore, putting an end to criminal proceedings initiated at the instance of respondent No.3 would be in the interests of maintaining peace and harmony in the family. 6) For the foregoing discussion, the petition is allowed and FIR No.45/2024 for offences under Section 451, 34, 506 of IPC registered with Police Station, Nishat, and the proceedings emanating therefrom, are quashed. (Sanjay Dhar) Judge Srinagar 07.05.2026 Bhat Altaf-Secretary” Whether the order is reportable: Yes/No