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2025 Supreme(Online)(J&K) 1079

HIGH COURT OF JAMMU AND KASHMIR
SANJAY DHAR, J
MUKHTAR AHMAD DAR – Appellant
Versus
UT OF J&K AND ANOTHER – Respondent


Advocates:
For the Appellants/Petitioners: Mr. Altaf Haqani, Mr. Shakir Haqani, Mr. Asif Wani, Mr. Sheikh Mushtaq
For the Respondents: Mr. Bikramdeep Singh, Mr. Jahangir Iqbal Ganai, Mr. Suhail Mehraj

Table of Content
1. factual background of the petitioner's alleged cheating (Para 1 , 2 , 3 , 4)
2. arguments regarding the nature of the transaction (Para 9 , 10 , 12 , 13)
3. legal findings on the nature of the case and fir quashing (Para 20 , 22 , 25)

JUDGMENT

1) The petitioner, through the medium of present petition filed under Section 528 of BNS S, has challenged FIR No.228 of 2025 for offence under Section 318(4) of BNS registered with Police Station, Budgam.

2) The impugned FIR has been lodged on the basis of a complaint dated 9th August, 2025, made by complainant/ respondent No.2 with Police Station, Budgam. In the complaint it is stated that the complainant, who is a resident of Thane Mumbai, Maharashtra, is carrying on business operations in Dubai United Arab Emirates (UAE). It has been further stated that the petitioner is also engaged in business activities in Dubai, operating two commercial shops over there. According to the complainant, during his stay in Mumbai in March 2025, the petitioner offered to sell to him his two shops located in Al-Jaddaf, Dubai, UAE, for a total sale consideration of Rs. 20 crores, and for this purpose he proposed a meeting for finalizing transac

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