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2026 DAILYLAW 2773 (JK)

RAYEES AHMAD BHAT v. UNION TERRITORY THROUGH POLICE STATION HANDWARA AND ANOTHER ( POLICE / HOME)

CRM(M)/315/2026 · 2026-09-03

Sanjay Parihar

body2026

Judgment text

Extracted from the PDF above. The PDF is authoritative.

1 S. No. 84 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 315/2026 CrlM(727/2026) RAYEES AHMAD BHAT …Petitioner/Appellant(s) Through: Mr. Parvaiz Nazir, Advocate. Vs. UNION TERRITORY THROUGH POLICE STATION HANDWARA AND ANOTHER ...Respondent(s) Through: Mr. Waqar ul Haq, Advocate. CORAM: HON’BLE MR JUSTICE SANJAY PARIHAR, JUDGE O R D E R 03.09.2026 1. In terms of the previous order, complainant/respondent and the accused/petitioner have made on oath statements before the Registrar Judicial of this Court, stating thereby that they have settled the dispute amicably and a compromise has been arrived at between the parties on 23.07.2026, conditions whereof are being complied with, by both of them. Thus, they have sought quashment of FIR No.166/2025 registered with Police Station Handwara. In terms of the charge sheet the petitioner is accused of commission of offence punishable under Sections 115(2), 351(2), and 85 BNS. 2. Offences under Section 85 BNS makes punishable act of cruelty towards a married women which carries punishment up to three years, whereas the offences under Section 115(2) punishes act of voluntarily causing hurt to another person which too is punishable for imprisonment for one year or fine or both. Similarly for offence under Isaq Hameed Bhat I attest to the accuracy and authenticity of this document 03.09.26 2 section 351(2) relates to criminal intimidation, all these offences in terms of Schedule 1st of BNSS have been made compoundable. 3. Since the parties have settled the matter and are enjoying marital belief. Given the statement made, further proceedings would be detrimental to both the parties. Even if the parties are allowed to pursue the remedy before the trial court but given the fact that they have settled their differences same is not going to make any improvement in prosecution case, which may ultimately lead to the acquittal of the petitioner. Having said so, continuation of the proceedings before the trial Court on the strength of FIR No. 166/2025 in the given facts and circumstances would be an abuse of process and wastage of court time. In that background this petition is allowed and proceedings arising out of case FIR No.116/2025 registered with Police Station Handwara followed by consequential charge sheet shall stand quashed. 4. Disposed of along with connected CrlM. (SANJAY PARIHAR) JUDGE SRINAGAR 03.09.2026 Ishaq Isaq Hameed Bhat I attest to the accuracy and authenticity of this document 03.09.26