Excelsior Correspondent
JAMMU, Oct 29: The High Court of Jammu & Kashmir and Ladakh has quashed an FIR registered against a woman police officer, holding that the case was frivolous, retaliatory, and amounted to a gross misuse of law.
Justice Mohd Yousuf Wani, while pronouncing judgment, observed that the FIR No. 240/2022 lodged at Police Station Trikuta Nagar under Sections 389 and 186 IPC against petitioner Parveen Akhter, an Assistant Sub-Inspector, was “actuated by mala fides” and represented an “abuse of process of law.”
The FIR stemmed from a complaint filed by a Senior Law Officer in the Public Works Department (PWD), who accused the officer of barging into his office, obstructing official duties, and demanding Rs 5 lakh in connection with her matrimonial dispute. He further alleged she threatened to implicate him in a false rape case.
However, the Court noted that the complainant filed the written complaint nearly two weeks after the alleged incident, undermining its credibility. The judge also highlighted that the woman officer had already lodged an FIR (No. 214/2022) against the complainant and her in-laws, making his complaint appear as a counterblast.
Justice Wani found that the Magistrate’s order directing registration of the FIR on September 2, 2022, lacked application of mind and was not in accordance with law.
“Registration of the impugned FIR is an afterthought, concoction and embellishment, aimed at shielding the complainant from earlier criminal proceedings initiated by the petitioner,” the Court said, adding that continuation of investigation and trial would cause serious prejudice to the officer.
Allowing the petition, the Court ordered the quashment of FIR No. 240/2022, stating that the complaint was frivolous, actuated by mala fides, and an abuse of criminal law.
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