'Criminal Case Filed To Coerce Party To Settle Civil Dispute': J&K High Court Quashes FIR Over Allegations Of Outraging Modesty Of Woman
The Jammu & Kashmir High Court has quashed an FIR against two nephews accused of outraging the modesty of their aunt and criminal trespass, holding that the allegations arose out of a civil property dispute and did not constitute a criminal offence. A bench of Justice Sanjay Dhar observed that the FIR is "an abuse of process of law" and a classic example of an attempt to settle civil...
The Jammu & Kashmir High Court has quashed an FIR against two nephews accused of outraging the modesty of their aunt and criminal trespass, holding that the allegations arose out of a civil property dispute and did not constitute a criminal offence.
A bench of Justice Sanjay Dhar observed that the FIR is "an abuse of process of law" and a classic example of an attempt to settle civil disputes by giving them a criminal colour, which the Apex Court has consistently deprecated.
The court held that there was no evidence or material to suggest the petitioners acted with intent or knowledge to outrage the complainant's modesty, which is a key element for the offence under Section 354 IPC.
The court noted that the fact that the complainant was an elderly woman and closely related to the accused further weakened this claim.
The court with respect to the allegation of criminal trespass, said that the prosecution did not establish that the complainant was in exclusive possession of the land.
The Court noted the absence of any site plan, revenue demarcation, or evidence of possession in the investigation.
The court referred to multiple civil and revenue court orders establishing ongoing property disputes between the parties, holding that the FIR was lodged with an ulterior motive to pressure the petitioners in the land dispute.
The Court cited the Supreme Court's judgment to support its view and invoked its inherent powers under Section 482 CrPC in quashing the FIR and all proceedings arising out of it, stating that continuing the criminal case would be a gross misuse of the legal process.
It added that the complainant has attempted to resolve a civil dispute by initiating a criminal case, which is a gross misuse that ought to be checked by constitutional courts.
BACKGROUND:
Petitioners, through the medium of the present petition, have challenged the FIR for offences under Section 354 and 447 of IPC registered with police station, Srinagar.
The FIR alleged that during an altercation over land, the petitioners pushed the complainant, causing her to fall and her headgear to dislodge, which is an act the police claimed amounted to outraging her modesty under Section 354 IPC. The FIR also invoked Section 447 IPC (criminal trespass) for allegedly entering her land.
APPEARANCE:
Prince Hamza, Advocate for Petitioner
Mohsin-ul-Showkat Qadiri, Sr. AAG, with Mr. Faheem Nisar Shah, GA. For Respondents.
Case-Title: RAJA ASIF FAROOQ & ANR VS UT OF J&K & ORS
Citation: 2025 LiveLaw (JKL) 240