S No. 222

After Notice

IN THE HIGH COURT OF JAMMU AND KASHMIR

AT SRINAGAR

CRMC No. 362/2018

Manjeet Kour and Ors.

Petitioner(s)

Through:-

None.

Vs.

State of J&K through Director General of Police

Respondent(s)

Through:-

Ms. Afroza, Asst. Counsel

vice Mr. B. A. Dar, Sr. AAG.

CORAM:-

Hon’ble Mr. Justice Sanjeev Kumar, Judge.

(O R D E R)

06-04-2021

01. On last four consecutive hearings i.e, 11.09.2019, 23.09.2020,

16.12.2020 and 29.03.2021, there was no representation on behalf of the

petitioners. Today also, when the matter was called out, nobody turned

out to represent the petitioners. It seems that the petitioners have lost

interest to pursue this petition.

02. In the instant petition, the petitioners have invoked inherent jurisdiction

of this Court vested under Section 561-A Cr. PC (482 Cr.PC) for

quashing FIR No. 153 of 2018 registered in the Police Station, Sadder,

Baghat Barzulla, Srinagar for the offence under Section 354, 147, 452,

323 and 506 RPC.

03. In response to the notice issued by this Court on 24.09.2018, Mr. B. A.

Dar, learned Sr. AAG has entered appearance on behalf of the

respondents and has filed the status report. In the status report, it is the

AASIF GUL

2021.04.06 21:51

I attest to the accuracy and

integrity of this document

2

CRMC NO. 362/2018

stand of the respondents that the investigation in the impugned FIR has

been completed and investigating officer has found sufficient evidence

to connect the petitioners with the charges with which they have been

charged. The status report further reveals that on 23.08.2018, the

complainant namely Arvinder Kour submitted a written application in

the Police Station Sadder, Srinagar to the effect that her husband

Gagandeep Singh was drowned in the floods on 07.09.2014 and that the

deceased along with her kids and mother in law are living in her house.

On 23.08.2018, during day time, Pritpal Singh and other associates

entered in the house of the complainant and subjected her as also her

family members to severe beating. They not only dragged the

complainant but they also outraged her modesty. On receipt of the

application, FIR No. 153/2018 for the offence under Sections 147, 354,

323, 506 RPC was registered. During the course of investigation, the

offence under Sections 147 and 452 RPC were deleted and offence under

Section 451 was added and was also proved against the accused Pritipal

Singh. The matter after investigation was challaned in the competent

court on 8^th October, 2018. It was only after the presentation of the

challan that the respondents received a direction from the Court vide

order dated 24^th September, 2018 staying the operation of the FIR. The

FIR stood investigated and challan presented.

04. Considered the matter in absence of the learned counsel for the

petitioners and having heard learned counsel for the respondents, this

Court is of the opinion that this petition has been rendered infructuous

AASIF GUL

2021.04.06 21:51

I attest to the accuracy and

integrity of this document

3

CRMC NO. 362/2018

with the presentation of the challan as is indicated in the status report

filed by the respondents. The matter is thoroughly investigated and the

offences have been already proved against the accused and consequently,

challan has been presented by the trial court. The challan has been

presented much prior to the issuance of the interim direction of this Court

dated 24^th September 2018. Since the challan has already been presented

and the petitioners sho