ALI MOHAMMAD Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners have challenged FIR No.88/2020 for offences under Sec. 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 24/7/2020, 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 Sec. 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.