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Jammu & Kashmir High Court
Hitender Singh And Ors vs Ut Of J&K And Ors on 10 April, 2026
Author: Rajnesh Oswal
Bench: Rajnesh Oswal
2026:JKLHC-JMU:76
Serial No. 1
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CrlM No. 348/2026 in
CRM(M) No. 379/2020
Hitender Singh and ors. .....Appellant(s)/Petitioner(s)
Through: Mr. Swarn Kishore Singh, Advocate
vs
UT of J&K and ors. ..... Respondent(s)
Through: Mr. Suneel Malhotra, GA
Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
ORDER
10.04.2026
1. This is an application seeking recalling of the order dated 30.01.2026,
by virtue of which, the petition bearing CRM(M) No. 379/2020 was
dismissed for non prosecution.
2. For the reasons stated in the application, the same is allowed. The
order dated 30.01.2026 is recalled and the petition bearing CRM(M)
No. 379/2020 is restored to its original number.
3. Application stands disposed of.
4. The main petition is taken on board.
5. This petition has been filed by the petitioner for quashing FIR No.
0081/2020 dated 03.10.2020 registered with Police Station, Basohli
under Section 341, 323, 147, 504 and 506 IPC on the ground that the
FIR bearing FIR No. 0081/2020 was lodged by sister of petitioner No.
2026:JKLHC-JMU:76
1 and daughter of petitioner No. 2 in Police Station, Basohli, wherein
respondent No. 4 figures as an accused. Further that it cannot be
believed that 65 years old person can assault a 30 years old young man
and further that one person, namely, Abhishek has been impleaded as
an accused in the FIR who is a juvenile.
6. Status report stands filed by the respondents, stating therein that on
03.10.2020, pursuant to the written application filed by the
complainant, namely, Mst. Bindro against six accused persons, FIR
bearing FIR No. 0081/2020 under Section 341, 323, 147, 504 and 506
IPC was registered with Police Station, Basohli. During investigation,
the statements of the eye witnesses were recorded and involvement of
Abhishek S/o Shiv Kumar R/o Janu Tehsil Basohli was not
established, however offences under Section 341, 323, 147, 504 and
506 IPC were established against Hari Dayal, Parmanand, both sons of
Nek Ram, Hatinder Singh, Rudher Singh and Jivan Kumar. It is
further stated that the investigation stands closed as challan but the
same could not be produced due to restraint placed upon the filing of
the charge sheet by this Court vide order dated 11.11.2020.
7. After having heard learned counsel appearing for the parties and
examining the record, this Court finds that the contentions raised by
the petitioners for quashing the FIR impugned cannot be considered at
this stage being disputed questions of fact. In the status report, it is
stated that Abhishek has been exonerated and the offences have been
established against the other accused.
2026:JKLHC-JMU:76
8. In view of the above, there is hardly any ground available with this
Court to quash the FIR impugned.
9. This petition is found to be without merits. The same is dismissed.
(RAJNESH OSWAL)
JUDGE
Jammu
10.04.2026
Neha-II
Whether the order is speaking: Yes/No
Whether the order is reportable: Yes/No
