Ali Mohammad & Ors vs UT Of J&K & Anr

Sanjay Dhar, J

1) The petitioners have challenged FIR No.88/2020 for offences under Section 147, 342, 354, 323 of IPC registered with Police Station, Villagam, Handwara.

2) As per contents of the impugned FIR that has been lodged by respondent No.2/complainant, on 24.07.2020, the petitioners launched a murderous attack upon the complainant party, tore apart the clothes of the ladies and inflicted injuries upon at least four persons. It is further alleged in the FIR that the complainant and his family members were caught by the petitioners/accused and they were given blows of fists and kicks resulting in injuries to them. The ladies were dragged by catching hold of their hair. On the basis of these allegations, the impugned FIR came to be registered and investigation of the case was set into motion.

3) The petitioners have challenged the impugned FIR on the ground that there is a land dispute going on between the petitioners and respondent No.2/complainant. It is alleged that respondent No.2, with the aid and assistance of other persons, harassed the petitioners and threatened them with dire consequences which compelled the petitioners to lodge FIR No.87/2020 for offences under Section 147, 341, 354, 323 of IPC with Police Station, Villagam Handwara. It is contended that as a counterblast to the aforesaid FIR, the impugned FIR has been lodged by the complainant against the petitioners. It is also contended that the allegations made in the impugned FIR are absolutely false and frivolous. It is also averred in the petition that a compromise has been executed between the petitioners and one Bashir Ahmad Khan and other persons who belong to the complainant party but despite arriving at said compromise, the petitioners are being harassed by the respondents including private respondent No.2. A copy of the compromise deed has been placed on record by the petitioners.

4) The respondent No.1 has filed the status report/response. In its response, respondent No.1 has reiterated the allegations made in the impugned FIR and it has been averred that during the investigation of the case, statements of the witnesses have been recorded and after investigation of the case, offences under Section 147, 341, 354 and 323 of IPC stand established against the petitioners.

5) I have heard learned counsel for the parties and perused the record of the case.

6) It appears from the record, that petitioner No.1 has lodged FIR No.87/2020 against respondent No.2 and other accused alleging commission of offence under Section 147, 341, 354 and 323 of IPC. In the said FIR it is alleged that on 24.07.2020, respondent No.2 and his associates launched a murderous attack upon the petitioners and gave a beating to them. It is further alleged that respondent No.2 is plying their vehicle on the road adjacent to the house of the petitioners at high speed and when petitioners objected to it, respondent No.2 and his associates gave blows of fists and kicks to the petitioners and they also dragged the ladies by catching hold of their hair.

7) As per the law laid down by the Supreme Court in the case of State of Haryana & Ors Vs. Ch. Bhajan Lal & Ors, AIR 1992 SC 604, an FIR can be quashed only if the contents of the same do not disclose commission of a cognizable offence or if the contents of the FIR coupled with the material collected by the investigating agency do not make out an offence against the accused. In the instant case, a bare perusal of the impugned FIR reveals that cognizable offences are made out against the petitioners. There are clear cut allegations against the petitioners that they launched an attack upon complainant and his associates, gave a beating to them with fists and kicks which resulted in injuries to them and it is also alleged that the ladies were dragged by their hair. There are specific allegations in the impugned FIR that the petitioners, with a common object of launching an attack upon complainant and his associates, formed an unlawful assembly. Thus, not only offence under Section 147 of IPC but the offences under Section 341, 354 and 323 of IPC are disclosed from the contents of the impugned FIR.

8) The allegations made in the impugned FIR stand substantiated by the material collected during investigation conducted by respondent No.1. The same is clear from the status report filed by the said respondent. So far as the contention of the petitioners that the impugned FIR has been lodged as a counterblast to FIR No.87/2020 to wreak vengeance upon the petitioners, is concerned, this aspect of the matter can also be investigated by the Investigating Officer during investigation of the impugned FIR. Merely because there is a long standing dispute going on between the parties does not offer a ground to quash the criminal proceedings, particularly when the material on record substantiates the allegations in the FIR.

9) In the above circumstances quashing the impugned FIR would amount to stifling a genuine prosecution which is impermissible in law. Thus, this is not a fit case where this Court should exercise its powers under Section 482 of Cr. P. C to quash the impugned FIR.

10) There is, however, there is yet another aspect of the matter which requires to be noticed. It is clear from the contents of the impugned FIR and FIR No.87/2020 lodged by petitioner No.1 against the complainant and his associates, that the date of the occurrence is the same. It appears that the parties have filed counter FIRs against each other regarding the same occurrence. While there is no legal impediment in registering two counter FIRs regarding single occurrence but the Supreme Court has time and again reiterated the procedure to be followed in the matter of investigation of cases in counter. It has been held that both case should be investigated simultaneously by one and the same investigating officer and on completing the investigation, he should file the reports in both the cases.

11) In view of the above, while dismissing of this petition, a direction is issued to respondent No.1 to hand over the investigation of both the FIRs i.e. FIR No.87/2020 and FIR No.88/2020 of P/S Villagam, Handwara, to one and the same investigating officer who shall file his report(s) in both the cases after completing the investigation.

12) A copy of this order be sent to respondent No.1 for information and compliance.