Illam Din And Others vs State Of J&K

Rajnesh Oswal, J

The present petition has been filed by the petitioners for quashing FIR bearing No. 206/2014 for commission of offences under section 452, 147, 382

& 323 RPC registered with Police Station, Surankote, Poonch at the instance of complainant namely Mariyam Akhtar.

The present petition has been filed primarily on the ground that the said FIR has been lodged because of land dispute between the petitioners and

husband of the complainant regarding which the matter was also pending before the revenue authorities and the Additional District Commissioner,

Poonch had dismissed the appeal filed by the husband of the complainant. It is further stated that the complainant and her family members in order to

grab the property that was bequeathed by virtue of will executed by Mst. Jannat Khatoon in favour of the petitioner No. 1, attacked the house of the

petitioner No. 1 and caused injuries to the family members of the petitioner No. 1 as a result of which the petitioner No. 3 suffered a head injury and

was admitted in the Government Medical College, Jammu. The petitioners have also filed complaint before the court of learned Sub- Judge, Surankote

who directed the respondent No. 1 to take action under law. On these grounds only, the present petition has been filed by the petitioners for quashing

the above mentioned FIR.

Response stands filed by the respondent in which it is stated that on 26.10.2014, the complainant namely Mariyam Akhtar W/o Mohd. Kabir R/o

Chandimarh appeared in Police Post, Behramgalla along with her father in law namely Shamus-ud-din in injured condition and lodged a written

complaint against the accused persons namely (1) Alam Din S/o Juma Charak, (2) Shoket Hussain, (3) Mohd Khan, (4) Mohd Raziq sons of Illam din,

(5) Mohd Nazir, (6) Mohd Riaz sons of Feroz Din, (7) Gultaj Begum Wd/o Mohd Rashid, (8) Maqsood Begum W/o Shoket Hussain and (9) Suriya

Begum W/o Mohd Taj all resident sof Village Chandimarh Tehsil Surankote, District Poonch at present residing in District Rajouri alleging therein that

the above said accused persons have enmity with her husband over a land and in this context the cases are pending disposal before the office of

Divisional Commissioner, Jammu and in the court of learned CJM, Poonch respectively. The complainant has also alleged in the complaint that her

husband is in Dubai and she is residing with her in-laws at Chandimarh. All the accused persons (petitioners herein) mentioned above came from

Rajouri with a criminal intention and forcibly entered in her house and mercilessly beaten her and her father-in-law with sticks etc fist, as a result of

which her father-in-law fell down in unconscious condition. The above said persons also damaged her house and also after snatching the house hold

items they fled away from the house. On this written complaint, the then Incharge P/P Behramgalla entered a congnizable report vide DD No. 09

dated 27.10.2014 and the same was submitted to P/s Surankote for lodging an FIR. After receiving the said DD report a case FIR No. 206/2014

offence under Sections 452/382/323/147 RPC was registered in P/s Surankote and investigation of the same was entrusted to ASI Tasveer Ahmed

Khan.

It is further stated in the response filed by the respondent that during the course of investigation, the Investigating Officer obtained the medical

report and statements of witnesses and as per the medical report and statement of witnesses, offence under sections 452/147/323 RPC was proved

against the accused persons(petitioners herein).

Mr. S. K. Anand, learned counsel for the petitioners submits that the FIR was lodged with an ulterior motive because of the civil dispute and he

further submits that the petitioners had also approached the learned Magistrate for registration of FIR and directions were also issued to do the

needful but nothing was done.

Per contra, Mr. Adarsh Bhagat, GA submits that there is medical evidence on record with regard to the assault, as such, the FIR cannot be

quashed.

Heard and perused the record.

From the record, it is evident that the occurrence took place pursuant to which the FIR was lodged by the complainant and also it is the contention

of the petitioners that one of the petitioners has too received the injuries.

Be that as it may, the occurrence is not in dispute. Law is well settled that the court while adjudicating the Cr.P.C cannot appreciate the evidence

and the same is required to be done by the trial court in the event, challan is filed against the petitioners. The other contention that the FIR has been

lodged because of civil dispute between the parties can also not form ground for quashing particularly when the Investigating Officer has collected the

material in the form of medical report with regard to the injury suffered by the injured. The petitioners have failed to make out any ground

necessitating the exercise of power under section 561-A Cr.P.C (now 482 Cr.P.C) as per the mandate of case titled State Of Haryana vs Bhajan Lal

And Ors., 1992 AIR (sc) 604.

In view of this, the present petition is found to be without merit and the same is dismissed along with connected applications.