The court emphasized that inherent powers to quash FIRs must be exercised sparingly and only in exceptional cases to prevent miscarriage of justice, as established in precedent cases.

ORDER :

1. The petitioners in the instant petition have invoked the inherent power of this Court enshrined under section 528 of BNSS, 2023 for quashment of the FIR 110/2024 registered with Police Station, Bishnah for offences under sections 126(2), 115(2), 351(1) and 352 BNS and 4/25 Arms Act inter alia on the grounds that the FIR in question came to be registered on the basis of a complaint filed by respondent 5 herein against the petitioners herein in retaliation to an FIR already got registered against the respondent 5 and others by the petitioners herein being FIR No. 98/2024 for offences under sections 307, 329(3), 191(2), 191(3), 190, 115(2), 352, 351(2) and 351(3) BNS and 4/25 Arms Act registered with Police Station, Bishnah and that there is a civil suit pending between the parties pertaining to the suit having the bearing thus, warranting exercise of inherent power and quashing of the FIR in question.

2. The petitioners have urged following grounds in the petition:

i) That, the complaint by the private respondent against the petitioners is an afterthought, brought by invoking the jurisdiction of the court u/s L75(3), is a cross FlR, an apparent attempt to counter blast, after having found themselves trapped in criminal case under serious offences where they have attempted to kill them, and thus is vague, false, frivolous, and vexatious, and contents in the complaint are concocted, artificially fabricated and without any substance or corroboration, as how three people, two of them senior citizens with 70 years of age, could even think of attacking a group of 12 people equipped with weapons, and how , the later can carry knife or weapon, 0s alleged by the aggressor party, while cultivating their land in the field, and if it were so how they were grievously injured and remained hospitalized for days together' and thus the said complaint (FlR No. 110/2024)deserves to be quashed and petitioners prays accordingly.

ii) That, the private respondent has suppressed the fact and has not brought on record in the complaint that there was pendency of civil suit on this issue, and thus has suppressed the said fact in the application/complaint, and thus same deserves to be quashed as has been held recently by the Hon'ble Supreme court in "Usha Chakraborty and Anr. vs State of West Bengal & Anr." Reported in 2023 Live Law (SC) 67. Copy of the judgment "Usha Chokraborty and another vs State of West Bengal and Anr," is annexed herewith as ANNEXURE-V whereas certified copy of order sheet showing order of the lost date (20-08- 2024) along with copy of suit is annexed herewith as ANNEXIJRE-VI, whereas copy of FIR No. 98/2024 is annexed herewith as Annexure-VII.”

3. Before proceeding further in the matter, it gets revealed from the record that petitioner 2, namely, Amit Puria S/o. Bishan Dutt Sharma got FIR No. 0098/2024(supra) registered against the respondent 5 herein and others with Police Station, Bishnah on the premise that he is in possession of a piece of land, covered under survey Nos. 199 and 200 situated at Chak Lala, Bishnah, upon which land the accused persons are establishing their rights and causing interference therewith in respect of which a case is pending before the High Court of J&K at Jammu and that the complainant despite being in possession of the said land and also an interim order passed by the Court in respect thereof, the accused persons on 17.07.2024 between 10 AM to 10.30 AM trespassed over the land and gave a beating to the complainant causing grievous injury to him and also snatched golden chain from the neck of the complainant besides a mobile phone and that the accused persons committed cognizable offences necessitating registration of an FIR, whereupon the said FIR came to be registered. It also gets revealed from the record that in respect of the same incident dated 17.07.2024, respondent 5 herein had maintained an application before Sub Judge-Special Mobil Magistrate, Jammu under section 156(3) Cr.P.C. (now 175