Anayat Khan & Ors vs Ut Of J&K & Ors on 3 August, 2026

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    Jammu & Kashmir High Court

    Anayat Khan & Ors vs Ut Of J&K & Ors on 3 August, 2026

                                                                              2026:JKLHC-JMU:2401
    
                                                                           S. No. 29
    
          HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                          AT JAMMU
    
    CRM(M) No. 846/2023
    CrlM No. 1637/2023
    
    
    Anayat Khan & Ors                                                  .....Petitioner(s)
    
                        Through: Mr. M Tariq Mughal, Advocate
    
    
    UT of J&K & Ors                                                 ..... Respondent(s)
    
                        Through: Mr. Bhanu Jastoria, GA
    
    Coram:    HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE
    
                                        ORDER
    

    (03.08.2026)

    01. Through the medium of instant petition, the petitioners have sought

    SPONSORED

    quashment of FIR No. 0029/2023 dated 11.09.2023, which has been

    registered at Police Station Women Cell, Rajouri allegedly for the offences

    under Sections 498-A, 109 and 323 IPC to prevent the abuse of process of

    law and securing the ends of justice.

    02. It has been pleaded in the instant petition that the impugned FIR is false

    and frivolous, therefore, it is required to be quashed. It has also been

    submitted that the police agency is not investigating the matter fairly which

    is against the law and therefore, the FIR according to the learned counsel is

    required to be quashed. In addition, it has been submitted that the

    allegations leveled in the impugned FIR are absurd and there was no

    sufficient ground for proceedings against the accused persons and that the

    FIR is manifestly attended with malafide and with an ulterior motive for

    harassing and teasing the petitioners with old enmity. It is specific case of
    2026:JKLHC-JMU:2401

    2 CRM(M) No. 846/2023

    the petitioner that the FIR against the petitioners do not fulfill the

    ingredients of the offences for which they are being proceeded against and

    the FIR in that view of the matter is liable to be quashed.

    03. Per Contra, the status report stands filed on behalf of the official

    respondents in which they have taken a specific stand that during the

    course of investigation, the I.O has visited the spot, prepared site plan of

    the place of occurrence and has also recorded the statement of the

    complainant as well as the statements of the witnesses under Section 161

    CrPC. On the basis of the statements of the complainant and the witnesses

    recorded by the concerned I.O under Section 161 CrPC, the offence under

    section 323 IPC has not been proved, however, the offence under section

    504 IPC has been added by the I.O concerned. On the basis of the

    statements of the complainant and the witnesses recorded by the concerned

    I.O under Section 161 CrPC and the facts and circumstances of the

    investigation, offences under sections 498-A,504,506 IPC has been fully-

    proved and established against accused person namely Rashid Khan S/O

    Anayat Khan Caste Manhas R/O Gambhir Mughalan Tehsil Manjakote and

    offences under sections 498-A,109,504 506 IPC have been fully approved

    and establish against accused persons namely 2.Raja Pervaiz S/O Anayat

    Khan 3. Anayat Khan S/O Saif Ullah 4. Mst. Sabza Begum W/O Anayat

    Khan Caste Manhas R/O Gambhir Mughalan Tehsil Manjakote 5. Mohd

    Yousif S/O Nizam Din Caste Bhatti R/O Saaj Tehsil Thanamandi District

    Rajouri. It has also been specifically pleaded that the accused person,
    2026:JKLHC-JMU:2401

    3 CRM(M) No. 846/2023

    namely Raja Pervaiz S/O Anayat Khan is absconding after committing the

    offence and the remaining accused persons have been granted interim bail

    by the order of the learned Chief Judicial Magistrate, Rajouri. The

    respondents have also taken a specific stand that the accused persons are

    not cooperating with the investigation of the instant case till date in spite of

    issuance of many notices under Section 41-A CrPC, which though were

    served to the said accused, but they are not co-operating. The record further

    reveals that this Court vide order dated 29.09.2023 has allowed the I.O to

    investigate the matter, however, laying of the charge sheet, if any, on

    conclusion of the Investigation, has been directed to wait till further orders

    from this Court.

    04. Learned counsel appearing on behalf of the respondents submits that the

    investigation has since been completed and the offences under sections

    498-A, 109, 504 506 IPC have been proved against the accused persons

    and thus a prayer has been made by learned counsel appearing on behalf of

    the respondents that the rider imposed by this Court be lifted so that the

    respondents can produce the challan before the competent Court of law.

    Since the offences have been proved against the petitioners/accused and

    also the accused are not cooperating, therefore, it is not a case where this

    Court can exercise the jurisdiction under Section 482 CrPC, which power

    has to be exercised sparingly by this Court in the light of the law laid down

    by the Hon’ble Apex Court in case titled “State of Haryana & Ors vs Ch.

    Bhajan Lal & Ors, reported in 1992 AIR 604.

    2026:JKLHC-JMU:2401

    4 CRM(M) No. 846/2023

    05. Therefore, in view of the aforesaid backdrop, the rival contentions

    advanced by the learned counsel for both parties, and the fact that the

    offences punishable under Sections 498-A, 109, 504, and 506 of the IPC

    stand proved against the accused persons, this Court, in the peculiar facts

    and circumstances of the case, deems it appropriate to dispose of the

    present writ petition by directing the official respondents to file the challan

    before the competent Court of law. Upon the filing of the challan, the

    petitioners shall be at liberty to appear before the competent Court and

    shall be entitled to raise all available factual and legal grounds in

    accordance with law.

    06. The writ petition along with connected application is, accordingly, disposed

    of in the manner indicated above.

    07. The interim direction, if any, shall stand vacated.

    (WASIM SADIQ NARGAL)
    JUDGE
    JAMMU
    03.08.2026
    Vijay

    Whether the order is speaking: Yes/No
    Whether the order is reportable: Yes/No



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