Kanoon Ki Dastak
Jammu, March 2025: The Jammu and Kashmir High Court has quashed an FIR registered in 2015 against multiple petitioners in a land dispute case, citing malicious intent and prolonged delay in investigation.
The case, involving a dispute between two families in Jammu’s Lower Muthi area, revolved around allegations of chemical spraying on trees and agricultural property. The complainant had accused the petitioners of trespassing and deliberately damaging his land. However, the court noted that the dispute was essentially civil in nature and that the complainant had repeatedly filed criminal complaints against the petitioners over the years.
Justice Sanjay Dhar, while delivering the judgment, highlighted that the police had failed to conclude the investigation even after ten years. The court also observed that only the complainant and his son had testified, with no independent witnesses supporting the allegations.
Referring to Supreme Court precedents, the court underscored that criminal proceedings should not be misused as a tool for harassment or personal vendetta. Consequently, the court exercised its powers under Section 482 of the CrPC to quash the FIR, stating that its continuation would be an abuse of the legal process.
This decision comes as a relief for the petitioners, who had argued that the case was a result of personal enmity and aimed at coercing them into settling an ongoing civil dispute.