Counterblast Cases FIR high court high courts J&K High Court Judgment Judgments

Counterblast Cases; FIR cannot be dismissed merely because it follows the filing of a civil or criminal proceeding

Moot Points;

13. Let us understand as to what is a “Counterblast Case”

14. In legal parlance, a Counterblast Case refers to a situation where criminal cases are lodged by the parties against each other which generally, trace their origin to the same occurrence. In essence, it is a situation of reciprocal accusations, meaning thereby is that one party files a case against another, which is followed by a counter case by the accused against the complainant. Such a situation arises when parties retaliate against each other with allegations and counter allegations or counter criminal proceedings to wreck vengeance or to feed fat the grudge. The party retaliate a criminal case against him to respond to a perceived wrong or injury to settle personal score rather than a genuine pursuit of justice. In the circumstances, the courts must examine the timing and context of the cases in order to determine if they

were indeed filed as a Counterblast or there is any legitimate ground to proceed.

15. An FIR cannot be dismissed merely because it follows the filing of a civil or criminal proceeding. Each case has to be evaluated on its specific facts, the intent behind the FIR sought to be quashed and the surrounding circumstances. However, if an FIR is filed shortly after a civil or a criminal proceedings, it must be scrutinized for ulterior motives. We need to understand that the determination as to whether an FIR is a Counterblast or

not, often involves a disputed question of fact which cannot be resolved by the High Court in exercise of its inherent jurisdiction, under Section 482 Cr.PC and such determination should be left to the wisdom of the trial court.


FULL JUDGMENT;

HIGH COURT OF JAMMU AND KASHMIR & LADAKH

AT JAMMU

CRM(M) No. 1123/2022

Reserved on: 03.03.2025

Pronounced on: 30.04.2025


Suchet Singh and Ors. ...Petitioners

 v.

UT of J&K and Ors. ....Respondents


CORAM: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE

JUDGMENT

1. Petitioners have invoked inherent jurisdiction of this Court, under

Section 482 of the Code of Criminal Procedure, 1989 [Cr.P.C., for short] for

quashment of an order dated 08.08.2019 passed by learned 1st Additional

Munsiff, Forest Magistrate, Jammu [“the trial court”] in terms of Section

156(3) Cr.P.C., on a complaint preferred by respondent No.3 and consequent

FIR No. 39 dated 08.02.2020 lodged at Police Station, Gandhi Nagar,

Jammu.

2. An overview of the background facts is that respondent No. 3

preferred a complaint in the Court of learned CJM, Jammu stating inter alia

that after the demise of her husband on 09.02.2017, she was residing alone

on the first floor of her house No. 195-AD, Gandhi Nagar, Jammu, raised by

her deceased husband. It was alleged inter alia by the complainant that after

the demise of her husband, her father-in-law- petitioner No. 1, in order to

force her to vacate the portion of the house under her possession, brought the

other petitioners/accused persons from Trikuta Nagar and all of them started

torturing her. As a result, the parties, who happened to be close relatives

were embroiled in multiple litigations.

3. It was alleged that on 25.06.2019, while she was out of town, the

petitioners broke open the door of her house, broke the costly items lying

there and stole spare parts of her vehicle, from the balcony. She approached

Police Station, Gandhi Nagar, Jammu, but no action was taken by the

concerned.

4. It was further alleged by respondent no. 3-the complainant that on

14.07.2019 at around 8:30 p.m., when she returned home, after paying a visit

to one her relatives, petitioners No. 5 and 6 started abusing her and when she

objected, they became violent and started pushing and slapping her. At this,

rest of the petitioners No. 1 to 4 also came to the spot. Petitioners No. 3 and 4

also started pushing and slapping her. Petitioner No. 1 caught hold her from

her hair and dragged her. Petitioner No. 2 caught hold her from her arms and

dress and pushed her out. Complainant went on to allege that petitioners

struck her with a wooden stick on her head. She fell unconscious and was

rescued by her driver, namely, Ajay. The petitioners, before leaving the place

of occurrence, threatened to kill her. The complainant goes on to state that

same day on 14.07.2019, she went to Police Station Gandhi Nagar, Jammu

and narrated the whole episode. But no action was taken. She again went to

the Police Station on the next day, i.e. 15.07.2019 to enquire about her

complaint but she was told to come after a couple of days. However, Police

got her MLC conducted. It is alleged by the complainant that she repeatedly

went to the Police Station to enquire about the status of her complaint, but no

FIR was registered till 19.07.2019. As a result, she approached, Superintendent of Police (South) by way of an application dated 20.07.2019,

who vide his reference No. 11705/RdrSPSJ dated 20.07.2019 directed SHO,

Police Station, Gandhi Nagar to take appropriate action under law against the

petitioners, which was supplied to the concerned SHO on the same day, but,

according to the complainant, despite the lapse of ten days no action was

taken against them. The aforesaid circumstances compelled the complainant

to approach the Court, in terms of Section 156(3) Cr.P.C. and the trial court

vide impugned order dated 08.08.2019, directed Police Station, Gandhi

Nagar to take necessary action under law and on receipt of the aforesaid

order, the impugned FIR came to be registered against the petitioners for

offences under Sections 354, 341, 323 and 506 IPC.

5. Petitioners have questioned the impugned FIR primarily on the

ground that it has been lodged by respondent No. 3 as a counterblast to the

two FIRs registered against her by petitioner No. 1 and that civil disputes

pending between the parties have been given a cloak of criminal offences.

According to the petitioners, the allegations made in the impugned FIR,

taken at their face value, do not disclose the commission of any offence

against them.

6. Heard learned counsels for the parties and perused the record.

7. Mr. J. P. Gandhi, learned counsel appearing for the petitioners has

relied upon Mitesh Kumar J. Sha v. State of Karnataka and ors; AIR

2021 SC 5298 to reiterate the grounds urged in the memo of petition. On the

other hand, learned Dy. AG appearing for the UT has vehemently argued that

the allegations made by the complainant-respondent No. 3 in the impugned

FIR prima facie disclose the commission of cognizable offences against the

petitioners which are required to be investigated.

8. Section 482 Cr.P.C. recognizes and preserves the powers, which

are inherent in the High Court, to prevent an abuse of the process of any

court or to secure the ends of justice. It is a reminder to the High Court that it

is a court of justice not merely in law but possess inherent powers to remove

injustice. It is trite that while inherent power of the High Court envisaged

under Section 482 Cr.P.C. has a wide ambit and plenitude, but it has to be

exercised; (i) to give effect to an order under the Code; (ii) to secure the ends

of justice; and (iii) to prevent the abuse of process of the court. In the

circumstances, High Court is obliged to evaluate whether ends of justice

would justify the exercise of the powers which inhere in it, before it embarks

to form an opinion whether a criminal proceeding or a complaint or an FIR

could be quashed or not.

9. In the present case, the allegations against the petitioners are that on

25.06.2019, they broke open the house of the private respondent, trespassed

into it, broke the costly items lying there and stole away the spare parts of a

vehicle from the balcony of her house. She approached the concerned Police

Station, but of no avail. It is further alleged by the complainant that on

14.07.2019, at around 8:30 p.m., maid of petitioner No. 1 and her husband

abused her and on her objecting, they became violent and started pushing and

slapping her. On this, rest of the petitioners also joined. Petitioner No. 3 and

4 started pushing and slapping her. It is categoric allegation of the

complainant that petitioner No. 1 caught hold her from her hair and dragged

her. Petitioner No. 2 caught hold her from her arm and dress and pushed her

out. Complaint also alleged that petitioners struck her with a wooden stick on

her head, as a result, she fell unconscious. She was saved by her driver. She

approached the concerned Police Station, and when no action was taken, she

approached SP (South) but no FIR was lodged despite express order of the

concerned SP. As a result, she was constrained to approach the trial court, on

whose intervention the impugned FIR came to be lodged.

10. It is pertinent to mention that it is also allegation of the complainant

that after the demise of her husband, petitioners had been pressurizing her to

vacate the portion of the house under her possession and stated to be

constructed by her husband during his life time. This gave rise to multiple

civil and criminal litigations between the complainant and her close relatives,

the petitioners including the petitioner No. 1, who happens to be her father in

law.

11. There is no quarrel to the settled position of law that criminal law

cannot be used as an instrument of oppression in the hands of unscrupulous

litigants to settle private vendetta. Nobody can be allowed to make an

attempt to stretch the contours of civil disputes to impart it a criminal texture.

However, it is equally trite that a complaint disclosing a civil transaction may

also have a criminal texture. Given the conspectus of a case, a civil wrong

may also have a criminal colour. It is the duty of this Court to ascertain

whether a dispute substantially of civil nature is given a criminal texture or

not and the real test is whether the allegations contained in the

complaint/FIR, as the case may be, disclose the commission of a cognizable

offence or not.

12. The petitioners have assailed the impugned FIR on the predominant

premise that it is a Counterblast to the two FIRs registered by petitioner no. 1

against the complainant-respondent no. 3 as also the civil disputes inter-se

the parties.

13. Let us understand as to what is a “Counterblast Case”

14. In legal parlance, a Counterblast Case refers to a situation where

criminal cases are lodged by the parties against each other which generally,

trace their origin to the same occurrence. In essence, it is a situation of

reciprocal accusations, meaning thereby is that one party files a case against

another, which is followed by a counter case by the accused against the

complainant. Such a situation arises when parties retaliate against each other

with allegations and counter allegations or counter criminal proceedings to

wreck vengeance or to feed fat the grudge. The party retaliate a criminal case

against him to respond to a perceived wrong or injury to settle personal score

rather than a genuine pursuit of justice. In the circumstances, the courts must

examine the timing and context of the cases in order to determine if they

were indeed filed as a Counterblast or there is any legitimate ground to

proceed.

15. An FIR cannot be dismissed merely because it follows the filing of

a civil or criminal proceeding. Each case has to be evaluated on its specific

facts, the intent behind the FIR sought to be quashed and the surrounding

circumstances. However, if an FIR is filed shortly after a civil or a criminal

proceedings, it must be scrutinized for ulterior motives. We need to

understand that the determination as to whether an FIR is a Counterblast or

not, often involves a disputed question of fact which cannot be resolved by

the High Court in exercise of its inherent jurisdiction, under Section 482

Cr.PC and such determination should be left to the wisdom of the trial court.

16. The reliance placed by learned counsel for the petitioner on Mitesh

Kumar J. Sha (supra) is misplaced as the said case was decided on different

facts and circumstances. The allegations against the appellant in the said

cases was that they had sold the flats contrary to the terms of memorandum

of understanding and there were no grounds to interfere with the matter and

sequence of events of the said case did not fulfill the necessary ingredients of

the alleged offence. Pertinently, respondent No. 2, in the aforesaid case had

already decided to pursue his claim by way of a civil suit and therefore, it

was held by Hon’ble Supreme Court that a criminal complaint on the same

issue cannot proceed and was quashed.

17. In the present case, two FIRs, stated to have been lodged by

petitioner No. 1 against respondent No. 3, do not stem out from the same

occurrence, though one of the FIRs i.e. FIR No. 38/2020 has been lodged by

petitioner No.1 against respondent No. 3 on the same day i.e. 08.02.2020.

However, timing and context of the said FIRs and the impugned FIR are on

different premise.

18. Respondent No.3 in the impugned FIR has alleged that on

14.07.2019, at around 8:30 p.m., when she returned home, after paying a visit

to one of her relatives, she was pushed, slapped and beaten by

petitioners/accused persons. She fell unconscious and was saved by her

driver. Petitioner No. 1-complainant in FIR No. 38/2020 has alleged that on

14.07.2019 at about 11:44 p.m., he was telephonically threatened by

respondent No. 3 to be eliminated. He further alleged that on his objecting to

one of the accused i.e. accused No. 4, namely, Ajay staying in the house in

the odd hours of the night, respondent No.3/accused became furious, called

rest of the accused in the compound of the house and started beating him, his

family members and his maid with fists and blows. It was also alleged that

respondent No. 3 and co-accused chased his maid, Pinki and threw chilli

powder in her eyes. It is evident from the conspectus of two FIRs i.e. FIR in

question and the one lodged by petitioner No. 1 against respondent No. 3 and

others that one incident followed another and are different in context and

timing. It appears that after the first incident, which, according to respondent

no. 3, took place at around 8:30 p.m., respondent No. 3 with the aid of co-

accused is alleged to have committed the occurrence in the mid night.

According to the petitioners, a final report with respect to the said occurrence

also stands filed in the competent Court. However, allegations of the

impugned FIR are required to be investigated. Petitioners have also annexed

copies of two civil Suits filed by respondent No. 3 for permanent prohibitory

injunction against the petitioners and a copy of a petition preferred by

respondent No. 3 under J&K Protection of Women from Domestic Violence

Act, 2010, those have nothing to do with the allegations contained in the

impugned FIR.

19. It is evident from the conspectus of the present case that

unfortunately the parties i.e. petitioners No. 1 to 4 and respondent No. 3, who

happen to be close relatives are entangled and embroiled in multiple civil and

criminal litigations. Petitioner No. 1 has admitted to have filed two FIRs

against her daughter-in-law-respondent No. 3 herein and she has also filed

civil and criminal cases against him. However, allegations in the impugned

FIR not only disclose the commission of cognizable offences against the

petitioners but they are serious in nature, as it is alleged by the complainant-

respondent No. 3 that she was not only pushed and slapped by the maid of

petitioner No.1 and her husband, but petitioner No. 1 caught hold her from

her hair and dragged her and petitioner No. 2 caught hold her from her arms

and dress and pushed her out. Complainant also alleged that petitioners

struck her with a wooden stick on her head, as a result, she fell unconscious

and was saved by her driver. These allegations prima facie disclose the

commission of cognizable offences against all the petitioners. While

examining an FIR or a complaint which is sought to be quashed under

Section 482 Cr.P.C. High Court cannot embark upon an enquiry as to the

genuineness or otherwise of the allegations contained therein. In other words,

this Court in exercise of its criminal jurisdiction, under Section 482 Cr.P.C.

cannot go into the merits of the allegations contained in the FIR or the

compliant and criminal proceedings cannot be terminated at the initial stage

by the High Court under Section 482 Cr.P.C.

20. Having regard to what has been observed and discussed above, the

present petition, being devoid of merit, is dismissed along with connected

CM(s).

21. Interim direction, if any, shall stand vacated. The investigating

Officer shall be at liberty to investigate the case and file a report in the

competent court.

(RAJESH SEKHRI)

JUDGE

Jammu

30.04.2025

Paramjeet

Whether the judgment is speaking? Yes

Whether the judgment is reportable? Yes