Srinagar, Jun 11 (JKNS): The High Court of Jammu & Kashmir and Ladakh has ruled that police can legally register counter FIRs arising out of the same incident when rival parties present conflicting versions of events. While dismissing a petition filed by two Baramulla residents seeking quashing of an FIR against them, the court observed that separate FIRs based on rival accounts of a single occurrence are permissible under law.
As per details available with news agency JKNS stated that, a single bench of Justice Sanjay Dhar dismissed a petition challenging FIR No. 3/2024 registered at Police Station Panzalla, Baramulla, under provisions related to wrongful restraint, causing hurt, endangering life and criminal intimidation.
The petitioners had argued that the FIR was lodged as a counterblast to FIR No. 4/2024, which had been filed by them against the complainant party over the same incident. They also claimed that the allegations were false and that one of the petitioners, employed in Saudi Arabia, had been deliberately implicated.
However, the court noted that the investigation had yielded material supporting the allegations and that witness statements recorded during the probe corroborated the version mentioned in the FIR.
Observing that the FIR disclosed cognisable offences, Justice Dhar held that there was no ground for exercising the court’s inherent powers to quash the proceedings.
Addressing the argument regarding the counter FIR, the court observed that where two rival groups present competing versions of the same incident, registration of two conflicting FIRs is legally permissible.
The court further allowed the investigating agency to file the chargesheet and directed that the case be placed before the same court where proceedings arising out of FIR No. 4/2024 are already pending, so that both matters can be tried together.
With these observations, the High Court dismissed the petition and upheld the continuation of proceedings in the case. (JKNS)
