SHEIKH FEROZ AHMAD Vs. UNION TERRITORY OF J&K

JUDGEMENT

(1.) Through the medium of present petitions filed under Sec. 482 Cr. PC, petitioners have challenged two FIRs lodged against each other i.e., FIR No. 24/2022 for the commission of offences punishable under Ss. 452, 392, 506 IPC registered with Police Station Pahalgam against petitioner in CrM(M) No. 104/2022 and FIR No.15/2022 for the offence punishable under Ss. 323, 447, 307 IPC registered with Police Station Nowhatta Srinagar, against petitioners in CRM(M) No. 263/2022.

(2.) Brief facts of the case giving rise to filing of aforesaid petitions arising out of the impugned FIRs are that the petitioners and the respondents in the aforementioned petitions happened to be the business partners, running Hotel business under the name 'M/S Hotel Royal Hilton', however, on some business dispute between the parties, the partnership came to be dissolved w.e.f., 9/4/2021 by virtue of dissolution issued by Sheikh Feroz Ahmad- petitioner in CRM(M) No. 104/2022. Consequently, the petition under Arbitration and Conciliation Act, 1996 came to be filed before the court of learned Additional District Judge (Bank Cases) Srinagar, wherein certain orders came to be passed restraining the erstwhile partners from operating the Bank accounts of the Firm without permission of the Court. In this regard a civil suit, for grant of permanent injunction, was also filed by the erstwhile partners before the court of learned Additional District Judge Anantnag, wherein it has been admitted that Sheikh Feroz Ahmad- petitioner in CRM(M) No. 104/2022 is having 20% share in the property in question.

(3.) Argument of learned counsel for the contesting parties is that the dispute between the parties of the erstwhile Firm was purely of a civil nature but unfortunately the same has been given a criminal colour by filing the impugned FIRs. This Court, vide order dtd. 13/4/2022 passed in CRM(M) No. 104/2022, stayed the investigation in the FIR No. 24/2022.