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JUDGMENT :
MOKSHA KHAJURIA KAZMI, J.
1. By this petition, filed in terms of Section 528 BNSS, the petitioners are praying for quashing the FIR No. 40/2025 of Police Station, Ram Munshi Bagh, Srinagar, registered for the commission of offences punishable in terms of Sections 74, 115(2) and 351(2) BNS as also the consequential proceedings initiated against the petitioners. The petitioners have also prayed that respondents be directed not to harass them. The above said relief is sought by the petitioners on the grounds taken in the body of the petition.
BRIEF FACTS:
2. A criminal complaint is stated to have been filed by the respondent No. 2 against the petitioners before Police Station, Ram Munshi Bagh, Srinagar, alleging therein that the petitioners had manhandled, abused and beaten up respondent No. 2 on 29th May, 2025, at Rose Enclave, Shivpora, Srinagar, as she raised an objection on parking of vehicles of the petitioners in front of the main gate of her residential house. Another complaint filed on the same day at a different time is also stated to have been filed by the complainant/respondent No. 2 inter alia alleging therein that the petitioners again used unparliamentary/abusive
The court affirmed that FIRs containing legitimate allegations warranting investigation cannot be quashed unless no offence is disclosed or there is an abuse of process.
FIR quashed under Section 528 BNSS as counter-blast to petitioner's prior complaint alleging outraging modesty, per Bhajan Lal Category 7, due to unexplained six-day delay and mala fide intent amid l....
The court held that FIRs under stringent statutes like the SC&ST Act must be based on substantiated claims; unfounded allegations leading to abuse of process may be quashed.
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