Family Dispute Case Ends in Acquittal After Kashmir Court Finds No Evidence of Assault  | Kashmir Life

SRINAGAR: A court in Srinagar has acquitted four persons accused in a 2017 family dispute case after holding that the prosecution failed to prove charges of house trespass, assault, causing hurt and outraging the modesty of a woman beyond reasonable doubt.

The judgment was delivered on May 7, 2026, by the court of Additional Third Munsiff/JMIC Srinagar, presided over by Judicial Magistrate Varun Kumar, in a case arising out of FIR No. 97/2017 registered at Police Station Nowgam under Sections 452, 354, 323 and 34 of the Ranbir Penal Code (RPC).

The accused in the case were Mushtaq Ahmad Wani, Fatima, Rukaya and Rukhsana. The prosecution was represented by the Assistant Public Prosecutor for the Union Territory, while the accused were represented by advocate Mohammad Amin Najar.

According to the prosecution, the case originated from a complaint lodged on August 24, 2017, by Sakeena, wife of Nisar Ahmad Wani of Lasjan, Srinagar. In her complaint to police, she had alleged that the accused persons entered her house while her husband was critically ill and assaulted her.

The complainant had alleged that the accused persons dragged her by her hair, snatched her scarf, tore her clothes, made offensive remarks and assaulted her with a broom, causing injuries to her head. She had further alleged that when her son intervened, bricks were thrown at them.

Following registration of the FIR, police conducted investigation, recorded witness statements under Section 161 CrPC and later filed a chargesheet before the court.

However, during trial, the prosecution witnesses substantially weakened the case.

The complainant, while appearing as prosecution witness number one, told the court that the accused persons were relatives and that the dispute had arisen out of anger and misunderstanding. She stated that only a verbal altercation had taken place and that she had forgiven the accused persons after compromise.

Another witness, Amir Ganie, also stated before the court that there had only been verbal altercations between the parties and said he had sustained injuries after colliding with a wall. He added that he did not remember who pushed him during the incident.

A third witness, Nisar Ahmad Wani, stated that he was not present at the scene and had only heard about the incident later. He too maintained that no assault had taken place and described the matter as a misunderstanding between family members.

The investigating officer, Abdul Gani, deposed about the investigation conducted in the case, including preparation of the site plan, seizure memos and recording of statements. During cross-examination, however, he admitted that no independent neighbours had agreed to become witnesses as they considered it a personal family matter.

In its judgment, the court extensively discussed the legal ingredients required for offences under Sections 452, 354 and 323 RPC. The court also referred to recent judicial precedents of the High Court and Supreme Court dealing with the offence of outraging modesty under Section 354 RPC.

The court observed that mere verbal altercation or family dispute, without clear evidence of criminal intent, assault or use of force aimed at outraging modesty, could not sustain conviction under criminal law.

The magistrate noted deficiencies in the prosecution case, including absence of independent witnesses, lack of medical evidence explaining the nature of injuries and failure of witnesses to support the original allegations during trial.

Holding that the prosecution had “miserably failed” to establish the charges beyond reasonable doubt, the court extended the benefit of doubt to all four accused and acquitted them. Their bail bonds and surety bonds were also discharged.

The case had remained pending before the court since its institution on November 8, 2017, with charges formally framed on November 20, 2018.