Habibullah Khoja and Ors. Vs Union Territory through Director General of Police and Ors. (Home Department)

By this Petition, the Petitioners are seeking quashing of FIR No. 52/2020 registered in Police Station, Kralpora, Kupwara, for the commission of offences punishable under Sections 147, 447 and 506 of the Indian Penal Code (IPC).

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The main ground of challenge qua the impugned FIR is that the dispute between the Petitioners and the private Respondents is purely civil in nature with regard to which a case is already pending before the Court of learned Munsiff, Kralpora, Kupwara, but despite that, the Respondent No.4 has, at the behest of private Respondents, registered the FIR impugned.

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Having heard the learned counsel for the parties, coupled with perusal of the pleadings on record, it is clear that the dispute between the

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parties is purely civil in nature and that the contents of the FIR do not, in fact, constitute any offence, commission of which has been attributed to the Petitioners. In that view of the matter, the instant Petition is allowed and the impugned FIR bearing No. 52/2020 registered in Police Station, Kralpora, Kupwara, shall stand quashed.

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Disposed of as above.

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Pending application(s), if any, shall also stand disposed of

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accordingly.

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(Ali Mohammad Magrey) Judge

SRINAGAR

August 11^th , 2021

“TAHIR”

TAHIR MANZOOR BHAT 2021.08.11 15:59 I attest to the accuracy and integrity of this document

Habibullah Khoja and Ors. v. Union Territory through Director General of Police and Ors. (Home Department)

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Habibullah Khoja and Ors. v. Union Territory through Director General of Police and Ors. (Home Department)

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