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HIGH C0URT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR
MOHD YOUSUF WANI
Mohammad Ismail Koka – Appellant
Versus
UT of J&K through Commissioner Secretary to Govt, Home Department – Respondent
ORDER :
1. Through the medium of the instant petition filed under Section 482 of the Code of Criminal Procedure, 1973 (now repealed and replaced by Bhartiya Nagarik Suraksha Sanhita, 2023 but applicable in the case and hereinafter referred to as the “Code” for short), the petitioner has sought the quashment of the FIR bearing No. 100 of 2020, dated 29.07.2020 registered with the Police Station, Zaipora Shopian under Sections 452 and 376B on the grounds, inter alia, that he has been falsely and frivolously implicated in the impugned case FIR when he is innocent and has not committed the alleged crime; that lodgement of the impugned FIR is just an afterthought and the case is purely concocted, fabricated, baseless and manufactured aimed at to settle personal scores with him; that actually he entered into a marriage agreement with the complainant/respondent No. 3 on 10-12-2017, which was followed by the performance of Nikah Ceremony on 29th October, 2018; that subsequently on 06.12.2018, he along with the respondent No. 3 approached this Court through a petition bearing OWP No. 2296/2018 seeking protection which was granted; that subsequently the respondent No. 3/complainant went to he
The court affirmed that inherent powers under Section 482 allow quashing of FIRs for non-compoundable offences in personal disputes if it serves justice, despite the serious nature of the charges.
The court can quash FIRs for non-compoundable offences if the parties have mutually settled their disputes, emphasizing the need for justice and preventing abuse of process.
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