IN THE HON’BLE HIGH COUIRT OF JAMMU AND

KASHMIR AND LADAKH AT JAMMU

Matter Pertains to District Doda
Petition u/s 482 of Code of Criminal Procedure, 1973

IN THE MATTER OF:

1. Petition Under Section 482 of the Code of

Criminal Procedure to pass necessary orders
and directions for Quashing the Complaint
7/2024 filed u/s 504 and 506 of IPC.

2. Any other order or direction which this

Hon’ble Court may deem fit, just or proper in
the facts and circumstances of the case.

MAY IT PLEASE YOUR LORDSHIP:

The humble petition of the petitionerS above-named respectfully showeth:

1. That the petitioners are the law abiding citizens of India and are under
the protective umbrella of the Constitutional, Legal and Statutory rights
as has been legislated by or under the authority of the Constitution of
India.

2. That the Petitioners are most respectfully submitting this petition under
Section 482 of the Code of Criminal Procedure (Cr.PC) for quashing
the complaint filed against them by Gulhar Singh, S/o Sher Singh
(hereinafter referred to as the “Complainant”) under Sections 504 and
506 of the Indian Penal Code (IPC) vide Complaint No. 7/2024 dated
13-02-2024 registered in the Court of 4-District Judicial Mobile
Magistrate (T), Doda.

3. That the allegations made in the said complaint are concocted, false,
revengeful, baseless, afterthought and motivated by malice. The
complaint filed by the Complainant is wholly false, frivolous, and
vexatious in nature. The alleged incident does not constitute any offence
punishable under Sections 504 and 506 of the IPC.
4. That the petitioners has been wrongly implicated in the case. The
petitioners submits that the continuation of the criminal proceedings
against them would amount to an abuse of the process of the Court. The
petitioner relies on the inherent powers of this Hon’ble Court under
Section 482 of the Cr.PC to seek quashing of the aforesaid complaint.

5. That the aforesaid complaint lacks merit and does not disclose any prima
facie case against the petitioner. The petitioner prays that the said
complaint be quashed in the interest of justice and to prevent harassment
of the petitioners by abuse of law. The petitioner further submits that the
complainant has filed the said complaint with mala fide intentions to
settle personal scores and cause undue harassment to the petitioners.

FACTS OF THE CASE:

1. That there was an incident of illegal construction of road and

encroachment of land with brute force and coercion and illegal criminal
trespassing and damage to the property of the petitioners that occurred
on December 14, 2023 at Village Gadi at around 11:00 pm during the
night without any government authority or sanction forcefully with
criminal intimidation and brute force in complete absence of the
petitioners.

2. That the accused persons have arranged funds for the construction of the
said illegal road using crowdfunding from the people of the beneficiary
villages. The whole village is acting like a Mafia by organizing a mob
armed with weapons and constructing the said illegal road towards their
own villages Klass and Zanool forcefully with criminal trespassing and
intimidation to the land owners by beating them up and manhandling
them with weapons. They are threatening people and encroaching on
their lands forcefully and criminally intimidating them with dire
consequences and even death in cases of non-compliance to snatch and
encroach upon their lands for illegal road construction towards their
villages.
3. That the petitioners filed a Writ petition before the Hon’ble High Court
for stopping the illegal construction of the said road in which the
petitioners were granted relief by the High Court on February 2, 2024 by
imposing a stay on the construction of the said illegal road.

4. That the complainant also being an accused in the writ petition was
highly infuriated and indignant by this act of the petitioners of
approaching the Hon’ble High Court and the subsequent stay and stalling
on the illegal construction of the road and intimidated and warned the
petitioners of dire consequences and filing of false and concocted cases
against them to deter them and to teach them a lesson and settle the score
with them and to force them to withdraw their case from the High Court
of stalling the construction of the road.

6. That the complainant filed a completely false, fabricated, concocted and

afterthought case of Complaint 7/2024 before the Court of 4-District
Judicial Mobile Magistrate (T), Doda and falsely implicated the
petitioners and their families out of revenge and malice in the said
complaint.

5. The the claims made out in the said complaint are completely false,
fabricated, concocted and afterthought and have nothing to do with the
petitioners. It has been alleged the said complaint that on 29 January,
2024 when the Naib Tehsildar along with other revenue officials reached
the spot of illegal road construction, the petitioners along with their
families insulted the complainant and intimidated him of causing harm.
But the fact of the matter is that only the Petitioner No. 3 was present at
the spot at that time and all the other petitioners were absent from the
spot. Even the Petitioners No. 1 & 2 were in Jammu at that time in
connection with the filing of the aforesaid Writ petition for stopping the
illegal construction of the road on their land in which they also got relief
from the Hon’ble Court. The claims of the petitioners can also be
corroborated and confirmed by the office of the Naib Tehsildar who was
present at the spot at the time of the alleged incident as claimed in the
said complaint.
6. That the present complaint is an abuse of the judicial process and is
motivated by personal vendetta, rivalry, indignation and malice and
continuing with the criminal proceedings based on this false, fabricated,
concocted and after thought complaint will cause immense prejudice and
hardship to the Petitioners.

PRAYER:

In light of the aforementioned facts and submissions, the Petitioners humbly

prays that this Hon'ble High Court be pleased to:

1) Quash the complaint filed by the Respondent under Sections 504 and
506 of the IPC vide Complaint No. 7/2024 dated 13-02-2024 registered
in the Court of 4-District Judicial Mobile Magistrate (T), Doda.

2) Grant any other relief that this Hon'ble High Court deems fit in the
interest of justice.