The court can quash FIRs that are frivolous or motivated by ulterior motives, especially when the accused is not named in initial complaints.

JUDGEMENT

1. The petitioner has filed the instant petition under Section 482 Cr.P.C for quashing the FIR No. 0196, dated 08.12.2021 to the extent of his implication as accused, registered with the Police Station, Vijaypur under Sections 354, 323, 147, 506 IPC, at the instance of respondent No. 2.

2. It is urged by the petitioner that a civil suit titled, "Salim Khan and other vs. Rafiq Ahmed and others" has been filed by the brothers of the petitioner against the respondent No. 2 and her family members for seeking their shares in the joint property, which is pending disposal before the court of learned Munsiff, Samba and with an ulterior motive in order to settle the score with the petitioner, the respondent No. 2 has falsely implicated the petitioner.

3. The respondent No. 1 has filed the status report, stating therein that on 08.12.2021, the complainant/respondent No. 2 came to the Police Station in an injured condition with Seema Bibi and Mohd. Ashfiq and submitted an application written in Urdu against Nazir Hussain, Majid Hussain both the sons of Mushtaq Ahmad, Nazarian Bibi W/o Majid Hussain, Suriya Bibi W/o Mushtaq Ahmad, Ajaz Ahmad alias Ajju S/o Majid Hussain and Sonia D/o Majid Hussain residents of Patti, Tehsil Bari Brahmana. In the application, it is stated that the accused persons are the residents of same village having enmity with her. On 08.12.2021 at 7.15 pm, when the complainant went to her cow shed to switch on the light, the accused Majid and Nazir attacked her. Accused Majid Hussain used unparliamentarily language against her and then put his hand in her breast and tore her clothes, whereas the other accused Nazir started beating her. In the meantime, other accused persons, namely Nazarian Bibi W/o Majid Hussain, Suriya Bibi W/o Mushtaq Ahmad, Ajaz Ahmad S/o Majid Hussain and Sonia D/o Majid Hussain also came on spot, and they also started beating her, Seema Bibi and Mohd. Ashfiq. On hearing hue and cry, the inhabitants of the mohalla arrived on spot and on seeing them, the accused persons ran away from the spot. The complainant and two of her other relatives were beaten up by the accused with lathis and stones. On receipt of this application, FIR No. 0196 dated 08.12.2021 for commission of offences under Sections 354, 323, 147, 506 IPC was registered, and investigation was entrusted to ASI Shamas-ud-Din.

4. The complainant-Rubeena Akhter, Seema Bibi and Mohd. Ashfiq were examined by the doctor at Government Hospital, Vijaypur. The statements of the witnesses were recorded under Section 161 Cr.PC and the statement of the complainant-Rubeena Akhter was recorded under Section 164 Cr.P.C. As per the statements of witnesses recorded under Sections 161 Cr. P.C and Section 164 Cr. P.C, offences under sections 354/323/147/506 IPS were established against all the accused including the petitioner. It is further stated that the petitioner is an employee of Additional Mobile Magistrate, Samba.

5. Despite service, respondent No. 2 did not choose to appear before this Court.

6. Mr. Jagpaul Singh, learned counsel for the petitioner has argued that the name of the petitioner neither figures in the FIR nor in the statement of the complainant recorded under Section 164 Cr. P.C. He has further argued that the petitioner has been falsely implicated in the case only because he is working in the court.

7. Per contra, learned counsel for the respondent No. 1 has argued that during investigation, the offences stand proved against the petitioner also, as such, the present petition deserves to be dismissed.

8. Heard learned counsel for the parties and perused the record including the Case Diary.

9. A perusal of the application, pursuant to which FIR impugned has been registered, reveals that the allegations of assaulting the complainant, Mohd. Ashfiq and Seema Bibi have been levelled only on the six accused, namely, Nazir Hussain, Majid Hussain, Nazarian Bibi, Suriya Bibi, Ajaz Ahmad alias Ajju and Sonia and name of the petitioner is nowhe