Ghulam Mohammad Wani and Others v. State of Jandk Through Ssp of Police

ORDER (27.02.2026)

¶01The four petitioners had come forward with the present petition on 23.05.2017 when the Jammu & Kashmir Code of Criminal Procedure, Svt., 1989 was governing the criminal procedure in the then State of Jammu & Kashmir and the petitioners came forward invoking inherent power of this Court as preserved under section 561-A for quashment of FIR No. 24/2014, FIR No. 19/2016, FIR No. 54/2013 and a private criminal complaint.

¶02FIR No. 54/2013 dated 25.08.2013 is of Police Station Seeri, Baramulla which resulted in presentation of a Final Police Report (Challan) No. 36/2013 and the criminal complaint is under sections 403 & 406 of RPC before the Serial No. 15 Regular Cause List

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court of learned Judicial Magistrate, Baramulla instituted on

20.05.2014.

¶03FIR No. 24/2014 dated 26.04.2014 is of Police Station Seeri, Baramulla in which Final Police Report (Challan) No. 26 of 2014 came to be presented.

¶04FIR No. 19/2016 dated 20.05.2016 is of Police Station Seeri, Baramulla in which Final Police Report (Challan) No. 18/2026 came to be presented.

¶05From 22.04.2021 onwards, the petitioners came to avail indulgence of this Court on the pretext that an amicable settlement is going on between the parties i.e. the petitioners as well as the respondents No. 3 to 4 which would be reported and, thus, from 22.04.2021 till date in the name of negotiation and settlement between the parties this case has been going on and on via adjournment mode.

¶06This Court cannot be held hostage waiting for a formal compromise to be submitted before this Court for facilitating disposal of this petition and consequent quashment of the criminal cases going on by reference to the aforesaid FIRs and criminal complaint.

¶07In light of the aforesaid, this Court dismisses this petition leaving it free for the petitioners and the private respondents to come up with the compromise in writing

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before the respective courts wherever the criminal cases are going on and thereafter on the basis of the compromise so put up before the respective courts then to come forward with a fresh joint petition for seeking quashment of the criminal cases.

¶08It is pertinent to put on record that all along the course of pendency of this petition, there was no stay order operating in the case with respect to ongoing trial of the criminal cases and, therefore, the onus is now upon the petitioners as well as the private respondents to act as per their discretion and in case they have come to an amicable settlement then to come forward with an appropriate legal course of action for seeking winding up of the said criminal cases.

¶09A copy of this order be forwarded by the Registrar Judicial, Srinagar to the respective criminal courts seized of the trial of the cases.

(RAHUL BHARTI) JUDGE SRINAGAR

27.02.2026

Opinder

HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR CRMC No. 105/2017 Ghulam Mohammad Wani and others ….. Petitioners Through: Mr. M. I. Qadiri, Advocate Vs State of J&K through SSP of Police, Baramulla and others .…. Respondents Through: Mr. Hakim Aman Ali, Dy. AG CORAM: HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE