S. No. 42 Regular Cause List INTHE HIGH COURT 0F JAMMU & KASHMIR AND LADAKH AT SRINAGAR DR. BILAL AHMAD KHAN …Petitioner(s)

Through: None Vs.

UNION TERRITORY OF J AND K THROUGH SHO P/S KUPWARA ...Respondent(s)

Through: Mr. Faheem Shah, GA CORAM:

HON’BLE MR. JUSTICE VINOD CHATTERJI KOUL-JUDGE

ORDER

08.12.2025

1. There is no representation on behalf of the petitioner.

2. Petitioner through the medium of this petition has challenged the FIR No.0287/2022 registered against him for the offences punishable under Section 354-D and 506 IPC. The said FIR has been registered on the basis of a complaint filed by the Complainant-Zahoor Ahmad Paray.

3. The FIR no. 0287/2022 registered for the offences punishable under Section 354-D and 506 IPC with the Police Station, Kupwara is sought to be quashed by the petitioner in this petition precisely on the ground that the said FIR has been registered at the instance of complaint filed by one Zahoor Ahmad Paray whereas the alleged victim has not approached the police and reported the matter to it. It is stated that he has been wrongly implicated for the said offences on baseless allegations which are vague, cryptic and no date and specific time has been given with regard to the alleged commission of acts. Moreover, the allegations are such which no prudent person could believe as the basic ingredients of the said offences and the same are missing. The allegations as contained in the FIR are that the sister of the complainant is being harassed by the petitioner and is passing lewd remarks against her and her relatives. It is also stated in the complaint that the petitioner used to send audio and text messages to all the relatives of my sister including her husband by branding my sister as a bad girl. It is also stated in the complaint that earlier also in the year 2020 and 2021, the petitioner used to send text messages but thereafter promised in the Police Station, Kupwara, that he will not repeat the earlier mistakes again. Therefore, the complainant has prayed that FIR may be registered against the petitioner for his conduct and approach.

4. The petitioner seeks exercise of inherent powers under Section 482 Cr.P.C. to quash the impugned FIR. Thus, it would be appropriate to say that the scope of Section 482 Cr.P.C. is well defined and inherent powers could be exercised by the High Court, to prevent abuse of process of the Court and to otherwise secure the ends of justice. This inherent power is to be exercised ex debito justitiae. However, in exercise of such powers, it is not permissible for the High Court to appreciate the evidence as it can only evaluate material documents on record to the extent of its prima facie satisfaction about existence of sufficient ground for proceedings against accused and the Court cannot look into materials, acceptability of which is essentially a matter for trial.

5. The judicial conscience of the High Court should persuade it to quash such criminal proceedings in exercise of power vested in it under Section 482 Cr.P.C., and if answer to all the steps, as enumerated hereinafter, is in affirmative, as has been held by the Supreme Court in Rajiv Thapar v Madan Lal Kapoor, 2013 (3) SCC 330:-

"Based on the factors canvassed in the foregoing paragraphs, we would delineate the following steps to determine the veracity of a prayer for quashing, raised by an accused by invoking the power vested in the High Court under Section 482 of the Code of Criminal Procedure:

i. Step one, whether the material relied upon by the accused is sound, reasonable, and indubitable, i.e., the material is of sterling and impeccable quality?

ii. Step two, whether the material relied upon by the accused, would rule out the assertions contained in the charges levelled against the accused, ie., the material is sufficient to reject material is such, as would persuade a reasonable person to dismiss and condemn the factual basis of the accusations as false.

iii. Step three, whether the material relied upon by