GULSHAN BEGUM Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition filed under Sec. 561-A of the Code of Criminal Procedure, the petitioners seek quashment of FIR No.102/2017 registered at Police Station, Banihal for the commission of offences punishable under Ss. 354, 504 and 327 RPC, as well as, order dtd. 4/7/2017 passed by the learned Judicial Magistrate 1st Class (Munsiff), Banihal for registration of the FIR.

(2.) Briefly stated, the case of the prosecution is that on 10/6/2017, respondent No.2 had gone to her land bearing Khasra No.1189/1820 situated in Domaala Nowgam, Chamalwas. The petitioners, who were already there hiding themselves, started using abusive and bad language against respondent No.2. Petitioner No.2 grabbed respondent No.2 from breasts and other petitioner No.3 to 5 caught respondent No.2 from hair and clothes and petitioner No. 6 and 7 started beating her with fists and kicks. When respondent No.2 raised her voice by screaming loudly, some locals rushed to rescue her and on seeing the locals approaching the spot, petitioners fled away from the spot. On an complaint moved by respondent No.2 before learned Judicial Magistrate, an enquiry under Sec. 202 Cr.P.C. was directed to be conducted by the concerned police. On receipt of the report, he ordered registration of FIR under Sec. 354/504/506/323 and, accordingly, FIR No.102/2017 came to be registered at Police Station, Banihal and investigation started.

(3.) While the investigation in the FIR was going on, petitioner challenged the registration of FIR and sought quashment of the same. It is stated that there is a land dispute between the petitioners and family of respondent No.2 who have been interfering into the land of the petitioners, as a result whereof, the petitioners lodged FIR No.165/2015 under Sec. 447, 379 RPC against husband of respondent No.2 and two brothers of husband of respondent No.2, namely, Shakeel Ahmed and Mohd. Yousuf. It is pleaded that the family members of respondent No.2 did not stop and continued to interfere in the possession of the petitioners over their proprietary land with a view to grab their land, which constrained the petitioners to lodge another FIR No.76/2017 under Sec. 325 RPC against respondent No.2 and her family members. The petitioners submit that in counter blast to the FIRs registered by them, respondent No.2 filed complaint before the Court of JMIC, Banihal. This Court, however, vide order dtd. 26/7/2017 had stayed the investigation in the FIR.