ARSHAD AHMAD MALIK Vs. STATE OF J&K
LAWS(J&K)-2020-9-67
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 18,2020

Arshad Ahmad Malik Appellant
VERSUS
STATE OF JANDK Respondents


Referred Judgements :-

NARINDER SINGH VS. STATE OF PUNJAB [REFERRED TO]


JUDGEMENT

Sanjay Dhar,J. - (1.)Instant petition has been filed by the above named petitioners seeking quashment for FIR No.98/2010 for offences under Section 323 and 452 RPC registered at Police Station, Rajbagh, Srinagar, and the consequent criminal proceedings pending before the Court of Judicial Magistrate 1st Class (1st Additional Munsiff), Srinagar.
(2.)It is the case of the petitioners that sister of petitioners No.1 and 2 was married to the respondent No.2 and from the very inception, the relation between the parties remained strained on account of matrimonial discord between the respondent No.2 and sister of petitioners No.1 and 2. According to the petitioners, this led to filing sister of petitioners No.1 and 2 against the respondent No.2 and filing of FIR No.98/2010 for offences under Section 323 and 452 RPC registered at Police Station, Rajbagh, Srinagar, by respondent No.2 against the petitioners. FIR No.97/2010 culminated into presentation of a challan against the respondent No.2 before the Court of Forest Magistrate, Srinagar, whereas FIR No.98/2010 culminated into presentation of challan against the petitioners before the Court of Judicial Magistrate 1st Class (1st Additional Munsiff), Srinagar.
(3.)It has also been submitted that the sister of petitioners No.1 and 2 had further instituted a petition under Section 488 of Cr.P.C. against the respondent No.2 before the Court of Special Mobile Magistrate Passenger Tax Shops and Establishment Act and Electricity, Srinagar.
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