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2026 DAILYLAW 602 (JK)

ALI MOHAMMAD AHANGER AND OTHERS v. UNION TERRITORY THROUGH POLICE STATION BUDGAM (POLICE / HOME)

CRM(M)/64/2026 · 2026-03-06

Rahul Bharti

body2026

Judgment text

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Serial No.01 REGULAR CAUSE LIST IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRM(M) 64/2026 Ali Mohammad Ahanger and Others …Petitioner(s) Through: Mr. Zahid Hussain Dar, Advocate with Ms. Zarina Akhter, Advocate Vs. Union Territory Through Police Station Budgam ...Respondent(s) Through: Mr. Bikramdeep Singh, Dy. AG CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER 06.03.2026 1. The petitioner No. 1-Ali Mohammad Ahanger, petitioner No. 3-Mst. Haleema and petitioner No. 4-Ali Mohammad Dar are present in person. 2. The petitioner No. 1-Ali Mohammad Ahanger is the complainant at whose instance FIR No. 79/2022 dated 20.03.2022 for the alleged commission of offences under sections 307, 392, 354-B and 341 of the Indian Penal Code was registered by the Police Station, Budgam on the basis whereof Final Police Report (Challan No. 3128 of 2022) came to be filed on 30.11.2022 against the petitioner No. 3-Mst. Haleema, petitioner No. 4-Ali Mohammad Dar, and petitioner No. 5-Shahid Ali Dar as accused No. 1 to 3 for standing trial for alleged commission of offences under sections 341, 307, 392 and 354 of the Indian Penal Code. 3. The petitioner No. 1-Ali Mohammad Ahanger is the real brother of the petitioner No. 3-Mst. Haleema. 4. The petitioner No. 2-Sameer Ahmad Ahanger is the person with respect to whose person the alleged commission of offence under section 307 IPC came to be charged against the petitioners No. 3 to 5. 5. During pendency of the challan before the Court of learned Principal Sessions Judge, Budgam on File No. 64/Session of 2022, the petitioner No. 1 and the accused i.e., the petitioners No. 3 to 5 are said to have resolved to end their animosity and enmity for the sake of salvaging the family bond and relationship and, thus, have come forward with the present petition seeking exercise of inherent power by this Court under section 482 of the Code of Criminal Procedure, 1973 for quashment of the FIR No. 79/2022 dated 20.03.2022, read with Challan No. 3128 of 2022 and Session Case No. 64/Session of 2022. 6. This Court has examined the petitioner No. 1-Ali Mohammad Ahanger for drawing satisfaction as to whether he has come forth to join the petitioners No. 3 to 5 in petitioning this Court for seeking quashment of the criminal case out of his free will and volition without any iota of undue influence or duress. 7. This Court is convinced that the petitioner No. 1- Ali Mohammad Ahanger is acting with his free will and volition and, as such, the case is made out for invoking inherent power under section 482 of the Code of Criminal Procedure, 1973 to quash the proceedings. 8. Accordingly, FIR No. 79/2022 read with all consequent proceedings are hereby quashed. 9. Copy of this order be forwarded by the Registrar Judicial, Srinagar to the Court of learned Principal Sessions Judge, Budgam for consigning the criminal case to records. 10. Disposed of. 11. Original record of the court file be sent back. (RAHUL BHARTI) JUDGE SRINAGAR: 06.03.2026 “Mir Arif”