Hem Raj And Others vs UT Of J&K And Others

Rahul Bharti, J

FIR No. 0015 dated 14.02.2023 came to be registered with the Police Station Women Cell, Gandhi Nagar, Jammu for alleged commission of offences under section 498-A/109 Indian Penal Code, 1860. The respondent No. 4-Neha Sharma is the complainant in this FIR being the alleged aggrieved wife married to Ankur Sharma who is the son of the petitioner No. 1-Hem Raj, brother of the petitioner No. 2-Mamta Sharma and the petitioner No. 3-Satish Kuamr Sharma is the husband of the petitioner No. 2-Mamta Sharma, thus, brother-in-law of Ankush Sharma.

This Court, in terms of an order dated 10.03.2023, while entertaining the present petition challenging said FIR at the instance of the petitioners came to allow the investigation to continue with a rider of no coercive measures to be taken against the petitioners. This petition came to suffer dismissal for non-prosecution in terms of an order dated 11.10.2023 on account of non-prosecution.

The present application has been filed by the petitioners seeking recall of the said order.

This Court feels that there is no purpose left in the petition given the fact that the investigation in case at the end of the Police Station, Women Cell, Gandhi Nagar must have taken its full course waiting for the ending formalities to be concluded to come up with a final police report under section 173 Cr.P.C which may or may not be against the petitioners involving them as an accused persons, as such, this application filed by the petitioners seeking recall of the order dated 11.10.2023 is not acceded to by this Court with an observation that the dismissal of the petitioners’ present petition shall not prejudice the right of the petitioners, in the event of the petitioners getting named as co-accused in the final police report as may be presented by the Police Station Women Cell, Gandhi Nagar, Jammu, to resort to appropriate legal course of action as available under the Code of Criminal Procedure, 1973 including approaching this Court under section 482 for seeking quashment of the police report/challan, if the petitioners would have the merits to be cited for entertainment of their said challenge.

The Police Station, Women Cell, Gandhi Nagar, Jammu is directed to expedite and conclude the investigation as early as possible without further wastage of time. However, the rider that no coercive measures shall be resorted to against the petitioners shall continue to bind the Police Station, Women Cell, Gandhi Nagar, Jammu.

Disposed of.