MUSIVER AHMED Vs. STATE OF J&K AND ANOTHER

JUDGEMENT

(1.) Through the medium of instant petition filed under Section 561-A Cr.P.C., petitioner seeks quashing of proceedings initiated in case titled State v. Musiver Ahmed in FIR No.147 of 2016, decided on 12.11.2016 under sections 456, 354, 323 RPC pending before the Court of learned Judicial Magistrate Ist Class Banihal.

(2.) It is stated in the petition that the allegation leveled against the petitioner on account of previous enmity and to wreck vengeance and with view to defame the petitioner in the society, lodge a false, frivolous and baseless complaint against the petitioner under Sections 323, 354 and 456 RPC, alleging therein that on 12th November, 2016 while the complainant was sleeping in the house, unfortunately some persons knocked the door and when the complainant opened the door, the accused was there and suddenly the accused entered the house and put the hands on the chest of the complainant/respondent No. 2. The complainant raised hue and cry, and the husband of the complainant and other family members were sleeping in another room. They unfortunately came in the room of the complainant and found that the accused is there. Accordingly, on the basis of allegation and with a connivance and collusion of Abdul Rashid Tantrey, who is the Munshi in Police Station and a close relative of the complainant, lodged FIR against the petitioner for commission of offence under Sections 323, 354 and 456 RPC registered at Police Station, Banihal, where the said person was posted at the time of occurrence.

(3.) It is also stated in the petition that the complainant has lodged the FIR No. 147/2016 with a view to harass the petitioner and to induce or to coerce the petitioner to marry with the daughter of the complainant, which the petitioner does not like to marry. The complainant/respondent No. 2 is a close relative of Abdul Rashid Tantrey, presently the Munshi of the concerned Police Station, who pressurized the accused to marry with the daughter of respondent No.2, whom the petitioner did not like to marry. When the petitioner refused to marry with the daughter of the complainant, then the complainant and employees of the concerned police station have registered a false and frivolous case against the petitioner and were bent upon to spoil his entire life. It is submitted that the petitioner is studying in B.A. Final.