Excelsior Correspondent
Srinagar, Mar 13: The Jammu and Kashmir High Court today quashed an FIR lodged in a family dispute and pulled up police for converting a civil dispute in a criminal offence.
A single Bench of the High Court comprising Justice Ali Mohammad Magray quashed the FIR lodged on a complaint filed by Yawar Imtiyaz against one Haroon Mohammad and others in police station Kulgam in the South Kashmir district of Kulgam. It also quashed non-bailable warrants issued by Chief Judicial Magistrate Kulgam in the civil dispute.
The Court pulled up police authorities for converting a civil dispute into a non-bailable criminal offence. “I am convinced that it is only a machination on the part of police to convert otherwise a civil dispute into a non-bailable criminal offence in order to harass and arrest the petitioners.”
The Bench further said that the complaint has been lodged only to harass and pressurize the petitioners to pay the money which one person Yawar owes to the other person, Haroon. “The complaint has been lodged only with ulterior motives to harass the petitioners and to bring pressure on them to pay the amount in question and it can by no standards be said that such complaint would culminate in conviction of the petitioners”, reads the Court order.
A complaint was lodged against Haroon and others by one Yawar Imtiyaz regarding non-payment of money that was pending in a business deal.