Quashing Plea Filed Against FIR Alleging House Trespass And Rioting | High Court Restrains Police From Filing Final Report Without Permission | No Final Challan Till Further Orders
Safiya Malik
The High Court of Jammu & Kashmir and Ladakh at Jammu, Single Bench of Justice Mohd. Yousuf Wani, directed that although investigation in FIR No. 0033/2025 may proceed, no final report shall be filed before the competent court without prior permission. This direction was issued while hearing a petition filed by individuals associated with an NGO engaged in animal rights advocacy, who sought quashing of the FIR registered against them on alleged false allegations.
The petitioners, represented by Advocate S S Ahmed, approached the court seeking quashment of FIR No. 0033/2025 dated 09.03.2025 registered by respondent No.1 on the complaint of respondent No.2. It was submitted that the FIR stemmed from a mala fide counter-allegation following the petitioners' prior complaint (FIR No. 0031/2025 dated 08.03.2025) against respondent No.2 and his accomplice under Section 325 of the Bharatiya Nyaya Sanhita (BNS) and Section 11 of the Prevention of Cruelty to Animals Act.
According to the petitioners, the dispute originated when petitioner No.3 and his daughter were feeding two puppies at their residence, which was objected to by respondent No.2 and one S. Manga Singh. The petitioners alleged that the said individuals took the puppies with the intention of causing them harm and may have caused their death. Moved by this incident, they filed FIR No. 0031/2025.
However, the next day, respondent No.2 lodged a counter-complaint accusing the petitioners of offences such as house trespass, causing hurt, and rioting, which led to the registration of FIR No. 0033/2025. The petitioners alleged that the second FIR was registered on false and frivolous grounds and constituted a misuse of legal process.
Justice Mohd. Yousuf Wani recorded that the court had "heard learned counsel for the petitioners in respect of his prayer for grant of interim relief and considered his exhaustive submissions." The court also noted that it had perused the application supported with an affidavit, the main petition, and the annexed documents.
Taking into account the submissions and the context of the allegations, the court issued the following interim direction:
"Subject to any vacation or modification upon consideration of the objections/arguments and till further orders, respondent No.1 while being at liberty to proceed with the investigation in the impugned case FIR shall not, however, present the final report/challan, in terms of Section 193 of BNSS before the competent Court of law, without permission from this Court."
- Notice was issued to the respondents in both the main petition and the interim application.
- The respondents were directed to file responses/objections within a week.
- The matter was listed for further hearing on 02.06.2025.
- Interim relief was granted restraining the filing of the final report without the court's permission.
Advocates Representing the Parties
For the Petitioners: Mr. S S Ahmed, Advocate
Case Title: Devinder Kour Madaan & Ors. v. UT of J&K & Anr
Case Number: CRM(M) No. 358/2025; CrlM No. 710/2025
Bench: Justice Mohd. Yousuf Wani
[Read/Download order]
