HC quashes criminal proceedings in Mushtaq Ahmad Ganie case
24/03/2026
SRINAGAR, Mar 23: The High Court of Jammu & Kashmir and Ladakh has quashed criminal proceedings in a petition filed by Mushtaq Ahmad Ganie, observing that continuation of the case would amount to abuse of process of law.
The petition, filed under Section 482 CrPC, challenged the FIR and subsequent proceedings pending before the trial court.
A Bench of Justice Sindhu Sharma and Justice Shahzad Azeem, after hearing the parties, held that the allegations in the FIR did not disclose commission of any cognizable offence warranting continuation of criminal prosecution.
Counsel for the petitioner argued that the case was falsely lodged and lacked material evidence, while the UT, represented by its counsel, opposed the plea and sought dismissal of the petition.
After examining the record, the High Court observed that the dispute between the parties appeared to be of civil nature and had been given a criminal colour.
The Bench reiterated that inherent powers under Section 482 CrPC can be exercised to prevent abuse of process and to secure ends of justice.
Finding merit in the petition, the court quashed the FIR and all consequential proceedings against the petitioner.
The High Court held that allowing the prosecution to continue in such circumstances would result in miscarriage of justice and unnecessary harassment of the petitioner.
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