LAWS(J&K)-2017-10-100

NEELAM RANI AND ORS. Vs. STATE AND ORS.

Decided On October 28, 2017
Neelam Rani And Ors. Appellant
V/S
State And Ors. Respondents

JUDGEMENT

(1.) Petitioners invoke inherent jurisdiction of this Court under Section 561-A Cr.P.C seeking quashment FIR No. 69/2015 dated 25.04.2015 registered by respondent No.3-SHO Police Station, Akhnoor, Jammu under Sections 451/427/506/325/120-B RPC.

(2.) In the petition, it is stated that on 30.03.2015 at about 9.30 am, respondent No.4 namely Raghubir Singh S/o Munshi Singh, his wife Raj Devi, son Narotam Singh alias Babloo and daughter Neesha Devi committed a murderous assault over petitioner No.1 when she was going from her courtyard of the house to the kitchen, in the said assault by respondent No.4 along with his other family members, petitioner No.1 sustained serious injuries and head injuries inflicted by them with sharp edge weapons. The said assault was committed because of their old enmity with the family of the petitioners. Petitioner No.1 was hospitalized but because of the seriousness of the nature of injuries (head injuries), petitioner No.1 was referred to Govt. Medical College, Jammu on the same day i.e 30.03.2015. The statement of petitioner No.1 was recorded on 03.04.2015 and in this regard an FIR No.54/2015 dated 03.04.2015 came to be registered against respondent No.4 under Sections 452/506/326/120-B RPC. It is further stated that the investigation was in process but in order to bring the petitioners on the compromise and also in counter blast to the said FIR, respondent No.3 on 25.04.21015 got registered another FIR being FIR No.69/2015 against the petitioners under Sections 452/427/506/326/120-B RPC.

(3.) The petitioners are aggrieved against FIR No.69/2015 dated 25.04.2015 and challenge the same on following amongst other grounds: