Jammu & Kashmir High Court – Srinagar Bench
Abdul Rashid Khanday vs Union Territory Of J And K And Ors on 7 March, 2025
Author: Javed Iqbal Wani
Bench: Javed Iqbal Wani
Sr. No. 105
Suppl.
IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CrlM(240/2025) IN CRM(M) 114/2025
ABDUL RASHID KHANDAY ...Petitioner(s)/appellant(s)
Through: Mr. T.A. Lone, Advocate
Vs.
UNION TERRITORY OF J AND K AND ORS. ...Respondent(s)
Through: Mr. Bikramdeep Singh, Dy. AG.
Mr. Sajad Sarwar Wani, Advocate
CORAM:
HON'BLE MR. JUSTICE JAVED IQBAL WANI, JUDGE
ORDER
07-03-2025
1. Upon coming of this matter for consideration, the counsel for the
petitioner would contend that an amicable settlement has been reached
between the petitioner and the contesting respondent, who had filed a
complaint against the petitioner herein, which had got resulted into
registration of an FIR bearing No. 22/2024 for offences under Sections 420,
403, 405, 463, 464, 467, 468, 34 IPC registered with Police Station
Bemina, Srinagar. It is further submitted that in pursuance of the said
amicable settlement, the complainant-respondent 3 has agreed not to pursue
the criminal case against the petitioner herein.
2. Mr. Sajad Sarwar Wani, Advocate, appears and states that he
represents respondent 3 herein and admits of the submissions made by the
counsel for the petitioner.
3. In view of the aforesaid submissions made by the appearing counsel
for the parties, disposal of the instant petition is being sought and
consequent quashment of the FIR No. 22/2024, in view of the law laid
down by the Apex Court in case titled as “Gian Singh Vs. State of Punjab
and Anr” reported in 2012 (10) SCC 303 and in case titled as “Lovely
Salhotra and Anr Vs. State (NCT of Delhi) and Anr” reported in 2018 SCC
391.
Junaid Ayoub
I attest to the accuracy
and authenticity of this
document
Heard learned counsel for the parties and perused the record.
4. Perusal of the record reveals that in respect of the FIR in question,
CRM(M) No. 699/2024 stands already disposed of, and the FIR in question
was quashed in respect of the petitioner therein in the said CRM(M) No.
699/2024 pursuant to the order passed by this Court on 29.11.2024.
5. Record also reveals that the present petitioner is also an accused in
the same FIR which stands quashed qua the petitioners of CRM(M) No.
699/2024 (supra) on the basis of an amicable settlement therein in the said
petition between the contesting parties.
6. Having regard to the aforesaid position obtaining in the matter, the
instant petition as well is disposed of and the impugned FIR No. 22/2024
registered with Police Station, Bemina is quashed insofar as petitioner
herein is concerned, particularly in view of the law laid down by the Apex
Court in judgments (supra).
7. Disposed of along with all connected applications.
(JAVED IQBAL WANI)
JUDGE
SRINAGAR
07-03-2025
Junaid
Junaid Ayoub
I attest to the accuracy
and authenticity of this
document