Srinagar: The Jammu and Kashmir and Ladakh High Court has refused to quash an FIR registered against two Baramulla residents, holding that police can register counter FIRs when rival parties give conflicting accounts of the same incident.
A single bench of Justice Sanjay Dhar dismissed a petition challenging FIR No. 3/2024 of Police Station Panzalla, Baramulla, which was registered under provisions relating to wrongful restraint, causing hurt, endangering life and criminal intimidation.
The petitioners had contended that the FIR was lodged as a counterblast to FIR No. 4/2024, filed by them against the complainant side over the same occurrence. They alleged that the accusations were false and that one of the petitioners, who works in Saudi Arabia, had been implicated to cause him harm.
The court noted that the investigation had found material supporting the allegations and that witness statements recorded by police corroborated the version set out in the FIR.
Observing that cognisable offences were disclosed, the court said it could not exercise its powers to quash the proceedings.
Addressing the petitioners’ argument on the counter FIR, the court said that where two rival factions put forward competing versions of the same event, registration of two conflicting FIRs is legally permissible.
“The present case is a counter blast to FIR No. 4/2024” was one of the grounds raised by the petitioners, but the court held that “it is legally permissible to register two conflicting FIRs for the same event”.
While dismissing the petition, the court permitted the authorities to file a chargesheet in the case and directed that it be placed before the same court where proceedings arising from FIR No. 4/2024 are pending so that both matters can be tried together. (KDC)
