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2023 Supreme(J&K) 403

JAVED IQBAL WANI
Dilshad Sheikh – Appellant
Versus
Sabha Sheikh – Respondent


Advocates Appeared:
For the Petitioner: Mr. Areeb Javid Kawoosa.
For the Respondent: Mr. Saqib Shabir.

JUDGMENT :

1. The petitioners in the instant petition have invoked inherent power of this court enshrined under section 482 Cr.PC seeking quashment of complaint filed by the respondent herein under Section 156(3) Cr.PC titled as “Sabha Sheikh Versus Dilshad Sheikh and others” filed before the court of City Munsiff Srinagar (for short the Magistrate) along with order dated 3.10.2022 (for short impugned order) passed therein.

2. The facts discernable from the record of the petition would reveal that the respondent herein is the daughter of petitioner 1 herein and sister of petitioners 2 and 3 being successors-in-interest of one Javed Sheikh, who has died in the year 1986.

3. It is being stated that the respondent herein has not been in good terms with the petitioners herein, having been litigating with the petitioners herein in respect of various properties left behind by the above named deceased Javed Sheikh.

4. It is being stated that the respondent herein earlier filed a complaint before Chief Judicial Magistrate Srinagar against the petitioner 1 herein whereupon cognizance for offences under section 447 Indian Penal Code, is stated to have been taken vide order dated 5.11.2021. The s

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