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' Knows No Stature': J&K High Court Rejects Sufi Singer's Bid to Quash Assault FIR
In a ruling emphasizing ( Gulzar Ahmad Ganie and Ors. v. Union Territory through PS Ram Munshi Bagh and Anr. , 2026 LiveLaw (JKL) 56), the dismissed a petition to quash an FIR against petitioners, including a nationally acclaimed Sufi singer. Justice Moksha Khajuria Kazmi underscored that fame offers no shield from criminal accountability, directing police to expedite filing the charge sheet after nearly a year of delays.
Parking Objection Turns Ugly: The Spark of Conflict
The dispute erupted on , at Rose Enclave, Shivpora, Srinagar. Respondent No. 2, a local resident, objected to the petitioners parking vehicles blocking her home's main gate. What began as a neighborhood spat allegedly escalated: she accused the group—led by petitioner No. 1, a Padma-awarded Sufi singer—of manhandling, abusing, and beating her. A second complaint that day claimed they returned, hurling abuses and attempting rape.
registered FIR No. 40/2025 under . A related FIR No. 44/2025 targeted some petitioners under additional sections including .
Petitioners sought anticipatory bail from the , securing interim relief on . They then approached the High Court under to quash the FIR, claiming protection from harassment.
Petitioners Cry Foul: 'Fabricated to Settle Scores'
The petitioners portrayed the complaints as malicious fabrications by a "habitual scene-creator" aiming to humiliate respectable citizens. They highlighted the singer's accolades, including a presidential award, and argued the allegations were exaggerated, improbable, and stemmed from prior verbal clashes—essentially a civil parking issue masquerading as crime. No , they urged, even accepting the FIR at face value.
A key contention: merging two complaints into one FIR was illegal, citing Khursheed Ahmad Chohan v. Union Territory of J&K (SC, SLP(Crl) 13751-13752/2023).
The High Court granted interim relief on , allowing investigation but barring charge sheet filing or coercive action—orders later misinterpreted, stalling progress.
Complainant's Stand: Repeated Threats Post-Bail
Respondent No. 2 countered with a detailed statement before a Judicial Magistrate, detailing "inhumane acts." She alleged post-bail harassment and repeated offenses, fearing harm. Her counsel defended FIR merger as lawful for related incidents, relying on Supreme Court precedents like Ms. Pxxx v. State of Uttarakhand (2022 LiveLaw (SC) 554) and T.T. Antony v. State of Kerala (2001) 6 SCC 181, affirming police discretion in such cases.
The Sessions Court rejected anticipatory bail on (noted as in judgment), deeming petitioners unworthy after reviewing the case diary.
Sparing Use of Quashing Power: Court's Measured Scrutiny
Justice Kazmi invoked the cautious scope of —limited to preventing court process abuse, securing justice ends, or averting miscarriages—rejecting it as an appellate tool. None of the exceptional grounds applied: allegations, though contested, warranted trial.
The court dismissed merger objections, noting two complaints (merged logically) plus FIR 44/2025. Despite completed investigation, no charge sheet due to the interim order. Critically, petitioners evaded questioning despite bail rejection, exploiting the "no coercion" directive.
Precedents reinforced: quashing sparingly ( Bhajan Lal principles implied), merger permissible for efficiency.
Key Observations
"The jurisdiction vested with this court in terms of Section 528 of the has consistently been held to be exercised cautiously, carefully, and sparingly."
"The admits no distinction based on the stature, influence, or standing of the accused, and it is therefore incumbent upon the police to always proceed and deal with the cases strictly in accordance with law, guided solely by evidence and fairness, uninfluenced by any extraneous considerations whatsoever."
"Law does neither differentiate nor discriminate. is not a mere constitutional slogan but a binding mandate..."
"The CD file produced... does not inspire confidence that the investigation has remained wholly insulated from extraneous considerations..."
No More Delays: Proceed to Trial
The petition failed on merits; interim orders vacated. Police must file the challan "without any further delay." Trial court to proceed unswayed by High Court remarks. Judgment copy forwarded to for action; case diary returned.
This reinforces prosecutorial equality, curbing influence-peddling delays. Future cases may cite it against "stature-based" stalls, ensuring swift justice in everyday disputes turning criminal—regardless of celebrity.
