AHMED DIN Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioners have challenged FIR No.9 of 2021 of for offences under Sections 354, 452 IPC registered with Police Station Mahore District Reasi.

(2.) It is contended in the petition that respondent No. 2 happens to be a relative of the petitioners and in the year 1992, the husband of the said respondent, namely Ghulam Rasool approached the petitioners seeking help for arranging so me land for construction of a house in village Gugar (Shadool), as the house of respondent No. 2 had been washed away in a landslide. It is averred that the petitioners gave a piece of land to the husband of the respondent No. 2 with the condition that he will pay the amount of consideration or in the alternative give land in exchange to the petitioners. Accordingly, a piece of land was provided by the petitioners to the husband of respondent No. 2 for construction of house.

(3.) It is further contended that in the year 1995, the petitioners asked the husband of the respondent No. 2 to pay the amount of consideration of the land or to give land in exchange, but he did not acceed to the demand of the petitioners, because of which the relations between the parties became strained. It is averred that in the month of November 2020 the husband of respondent No. 2 encroached upon more land belonging to the petitioners and this compelled the petitioners to lodge a complaint against him before the police on 28th November, 2020.It is alleged that as a counterblast of this, respondent No. 2 at the instance of her husband, with a view to wreak vengeance upon the petitioners, lodged the impugned FIR against the petitioners.