Alam Hussain and Others v. Ut of J and K Th Commissioner Secretary to Government Home Department, Jammu and Others

JUDGMENT

30.05.2026 (ORAL)

¶01Petitioners have invoked inherent jurisdiction of this Court for quashment of FIR No. 0106/2025 registered with Police Station Thanamandi District Rajouri for offences under Sections 126(2), 115(2), 351(2) and 352 of Bharatiya Nyaya Sanhita, 2023 ["BNS" for Sr. No. 20

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short], inter alia on the ground that dispute purely of civil nature is sought to be given a criminal colour and contents of the impugned FIR, even if taken at their face value, would not disclose the commission of cognizable offence.

¶02Background facts of the case are that on 21.08.2025, respondent No. 4 lodged a written complaint in the Police Station stating inter alia that petitioners/accused were her close relatives and they belong to the same family. Her residential house was damaged in recent rains. Her husband would often remain out of house for labour purpose and she along with her minor children resides alone in the house. She commenced the renovation of her house but petitioners did not allow.

¶03It was alleged by the complainant that on 19.08.2025 at 6:30 hours, accused Alam Hussain and his two sons (petitioners herein) came to her house and started abusing her. They beat her with kicks, blows, fists and torned her clothes. She somehow managed to escape but accused persons threatened her with dire consequences. On the receipt of this complaint, impugned FIR came to be registered and investigation of the case was entrusted to the HC-Mohd. Shabir.

¶04It is settled position of law that investigation of a crime cannot be scuttled at the threshold if contents of the FIR prima facie disclose the commission of cognizable offence or offences.

¶05In the present case, the investigating agency, during investigation, recorded statements of material witnesses under Section 180 BNSS, who were acquainted with the facts and circumstances of the case. All these witnesses including the complainant have supported the

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prosecution case. They have stated that on the day of occurrence, while complainant was on her way to a nearby river at about 0630 hours, the petitioners who were already standing there restrained her way and started beating her. They also assaulted the complainant with kicks and blows and threatened her with dire consequences. Some passersby saved the complainant from the clutches of the accused persons.

¶06The contents of the FIR, if taken at their face value, would prima facie disclose the commission of cognizable offences against the petitioners. The plea raised by the petitioners that impugned FIR is a counter blast to a civil suit filed by petitioner No. 1 and his brother, is a triable issue, which cannot be decided by this court in exercise of its inherent jurisdiction.

¶07For the foregoing reasons, present petition is found devoid of merit, hence dismissed along with connected CMs.

¶08Interim direction, if any, shall stand vacated.

¶09Investigating agency shall be at liberty to file charge-sheet in the competent Court.

(Rajesh Sekhri) Judge Jammu

30.05.2026 Eva

Whether the judgment is speaking or not?

Whether the judgment is reportable or not?

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU CRM(M) No. 992/2025 Pronounced on : 30.05.2026 Uploaded on: 02.06.2026 CR 01. Alam Hussain Age 6o years S/o Mohd. Akbar 02. Mohammad Yasser Age 23 years S/o Alam Hussain 03. Mohammad Asif Age 32 years S/o Alan Hussain All residents of Village Hasplote, Tehsil Thannamandi District Rajouri. ....Petitioner(s) Through: Mr. Mazhar Ali Khan, Adv. Vs 01. UT of Jammu and Kashmir through Commissioner/Secretary Home Department Civil Secretariat Jammu and Kashmir at Jammu. 02. The Senior Superintendent of Police, Rajouri. 03. The Station House Officer, Police Station, Thannamandi, District Rajouri. 04. Sarveen Begum W/o Muzahir Hussain R/o Hasplote, Thannamadi, Rajouri. …Respondent(s) Through: Mr. Bhanu Jasrotia, GA CORAM: HON'BLE MR. JUSTICE RAJESH SEKHRI, JUDGE