AMINA BEGUM Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition the petitioners have sought the quashing of FIR No. 0016/2019 dated 03.04.2019, registered with Police Station, Budhal for commission of offences under Sections 341, 323, 336, 147, 504 and 506 RPC. The FIR No. 0016/2019 dated 03.04.2019 was registered against the petitioners at Police Station, Budhal by Maryam Begum W/o Abdul Majid, R/o Kewal on a written complaint submitted by her. In the written complaint, it was stated that when the complainant was going to her maize field for agricultural work, the accused persons namely, (1) Dilshad Ahmed, (2) Amina Begum, (3) Shagufta Begum (4) Abdul Ghafoor (5) Rajo Begum (6) Nasir Ahmed (7) Rumi and (8) Fareeda Begum, with a criminal intention wrongfully restrained her, pelted stones and beat her, as a result of which serious injuries were caused to her. She was also abused and insulted. The accused persons namely, Dilshad Ahmad and Abdul Ghafoor, caught hold of her neck from backside and also tore her clothes. Accused No. 3, who is a Government employee, also left her office by 1.00 P. M. and joined with the rest of the accused.

(2.) The petitioners have questioned the aforesaid FIR primarily on the following grounds:

(3.) Before raising the above mentioned grounds, the petitioners have given the details about the litigation going on between one of the petitioners, their family members and the Government Departments regarding the dispute about the road that was being constructed from Kewal Morh to Targain via Kunda Bagla, Lathi and Gotu. The details of the same are not necessary as neither the complainant nor any one related to her is a party in the said litigation. It is stated that the complainant party is having grudge against the petitioners due to that road.