ROZEE Vs. UT OF J&K

JUDGEMENT

(1.) The petitioners have filed the present petition under Sec. 482 of the Cr. P.C. for quashing of the FIR No. 0006/2024 dtd. 11/1/2024 registered with Police Station, Raj Bagh, Kathua for commission of offences under Ss. 341, 307, 147 and 148 IPC, at the instance of respondent No. 2 on the ground that the impugned FIR is a sheer abuse of process of law and that the same has been lodged by the respondent No. 2 just to wreck vengeance against the petitioners. It is stated that from the plain reading of the FIR, no offence, as mentioned in the impugned FIR, is made out against the petitioners and the FIR has been lodged to strike a deal with the petitioners so that no action follows against the respondent No. 2 and his aides.

(2.) It has been further stated that on 11/1/2024, when the petitioners were going from Kathua to Haria Chak in a vehicle, borrowed from a friend, namely, Rahul and when they reached at Salarpur, certain persons, namely, Jatinder @ Munna and Sohan Lal @ Frooti alongwith some unknown persons stopped the car of the petitioners. They told the petitioners that the owner of the vehicle owed some money to them and as such, they would take the Car. The petitioners requested them against doing so, as they had borrowed the Car from Rahul to visit the market. This infuriated the respondent No. 2 and his aides and they started forcibly taking away the vehicle. In the process, the petitioners received injuries as they were beaten up and attacked by the respondent No. 2 and his aides. The petitioner No. 4 submitted a written complaint with the respondent No. 1 on 11/1/2024 but no action has been taken against the respondent No. 2 and his aides, but FIR impugned by the petitioners came to be registered against them to their utter shock and surprise. It is averred that on 17/1/2024, the respondent No. 2 alongwith his aides trespassed into the house of the petitioners and broke all the house hold things and set their house on fire, which led heavy loss to the petitioners and the entire house of the petitioners was gutted in fire, in respect of which, FIR bearing No. 0009/2024 dtd. 18/1/2024 was registered by the respondent No. 1.

(3.) The respondent No. 2 has filed the response, stating therein that the victim-Rajinder Kumar was brutally assaulted as a result of which serious head injuries were received by him and he was kept on ventilator support. Initially, the victim was admitted in the GMC, Kathua but later on shifted to hospital at Pathankot for specialised treatment. The victim has undergone two major surgeries and he has to undergo third surgery as well. It is further stated that all the four petitioners came to be captured in the CCTV footage while committing the crime, which clearly shows that all the petitioners alongwith other accused persons brutally attacked the victim and one Abhi and in order to counter the impugned FIR, a false and frivolous FIR came to be registered by the petitioner No. 1 by concocting a false story and in fact, the petitioners managed to lodge a false and frivolous FIR bearing No. 0009/2024 under Ss. 436/427 IPC. The said FIR has been registered only to pressurise the complainant to settle the matter. It is also stated that the victim was attacked with the baseball stick and iron rods. The statement of victim Rajinder Kumar has not been recorded by the Police as he has not fully recovered from the head injuries. The respondent No.2 has placed on record the medical record alongwith the response to substantiate his contentions.