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Item No. 7

Regular List

IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH

AT SRINAGAR

Date of Prounancement:27.12.2025

Upload on:29.12.2025

CRM(M) No.391/2024

ZUBAIR-UL-RAFIQ & ANR. …PETITIONER(S)

Through: Ms. Asifa Padroo, Advocate.

Vs.

UT OF J&K & Ors.

…RESPONDENT(S)

Through: None for R1 & R2.

Mr. Mir Umar, Advocate- for R3 & R4

CORAM:HON’BLE MR. JUSTICE SANJAY DHAR,JUDGE

ORDER(ORAL)

27.12.2025

1. The petitioners have challenged FIR No.116/2024 for offences

under Section 341, 352, 447 and 506 of IPC registered with Police

Station, Handwara.

2. The impugned FIR has been registered on the basis of the report

lodged by respondents No.3 and 4. In the report it has been alleged

that when the complainants were fencing their land at Krumhoora in

order to protect their property, the petitioners came on spot, trespassed

into their land, whereafter they caught hold of the complainants and

gave blows of fists and kicks to them without any reason. The

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petitioners also extended threats to the complainants. On the basis of

these allegations the impugned FIR came to be registered and

investigation of the case was set into motion.

3. The impugned FIR has been challenged on the grounds that the

petitioners and the private respondents are closely related to each

other. While respondent No.3 is the aunt of the petitioners, respondent

No.4 happens to be their grandmother. It has been submitted that there

is a longstanding civil dispute existing between the parties in which a

number of efforts were made by the local committees for striking a

settlement between the parties. It has been submitted that father of the

petitioners and their uncle lodged a complaint with the police as the

husband of respondent No.3 had tried to grab their ancestral property

by committing forgery which resulted in registration of FIR

No.74/2023 with Police Station, Handwara. It has been contended that

the impugned FIR has been lodged by the private respondents as a

counterblast to the FIR lodged by the petitioners against them with a

view to wreak vengeance upon the petitioners, with whom the private

respondents are entangled in a civil litigation. It has been contended

that the private respondents are trying to give a criminal colour to a

purely civil dispute between the parties and they are trying to

pressurize the petitioners to settle the civil dispute at their terms. It has

been further contended that the impugned FIR has been lodged by the

private respondents with an ulterior motive to prosecute and persecute

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the petitioners. According to the petitioners, they are highly qualified

holding the degrees of MBBS and B. Tech and because of the

impugned FIR, their whole career is at stake.

4. The official respondents have filed their reply to the petition in

which it has been submitted that during the course of investigation, all

legal formalities were conducted and on the basis of the evidence, it

was found that the petitioners are involved in commission of the crime.

It has been submitted that the offences have been found established

against the petitioners.

5. No reply has been filed by the private respondents.

6. I have heard learned counsel for the parties and perused record

of the case.

7. A perusal of the record clearly reveals that the petitioners and

the private respondents are closely related to each other. While

respondent No.3 happens to be the aunt of the petitioners, respondent

No.4 happens to be their grandmother. The record further reveals that

there is a dispute with regard to ancestral land going on between the

parties. The petitioners have placed on record copy of Khasra

Girdawari in respect of their ancestral land which shows that name of

father of the petitioners is also reflected as one of the owners in

possession of the said land, meaning thereby that the land in question

is under the joint ownership of petitioners and the private respondents.

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Once it is shown that the land in question is joint property of the

petitioners and the complainants, the offence of criminal trespa