Jammu and Kashmir High Court has stayed the investigation in an FIR, filed against mother-son duo, terming it a result of ‘vendetta and revenge’.
Justice Sanjay Dhar in an order passed on 7th April, 2021 in a case titled Neha Chawla & Anr. V/s Union Territory filed under section 482 Cr.PC stayed the investigation in FIR No. 33/2021 registered against Neha Chawla and her son Arjun Chawla for the alleged commission of offences under Sections 420. 465, 468 IPC registered with Police Station, Janipur, Jammu.
The order reads, Learned senior counsel for the petitioner has contended that the impugned FIR is nothing but a result of vendetta and revenge on the part of complainant i.e. the brother-in-law of Neha Chawla and uncle of Arjun Chawla who had previously filed a complaint against and an FIR No.36/2020 for offences under Sections 405, 406, 407,420 IPC registered against him in Police Station, Janipur Jammu.
It stated that the Learned Counsel has further contended that there is long standing enmity between the petitioners and the complainant. He has referred to various documents placed on record which clearly show that there is a litigation going on between the parties.
“Having regard to the submissions made by learned senior counsel which are supported by the documents placed on record, a prima facie case for grant of interim indulgence is made out,” observed justice Dhar.
Counsels of the mother-son duo, Senior Advocate PN Raina and Advocate Deepika Singh Rajawat in the petition, seeking quashment of the FIR, stated that impugned FIR is ‘abuse of process of law’.
“The petitioners, who have been falsely implicated in impugned FIR are the victims of domestic violence by siblings of her deceased husband,” reads the petition, adding “It is imperative to mention herein that the impugned FIR which is registered against the petitioners is the outcome of the civil dispute going on between the petitioners and the respondent since 2011.”
The petition further reads, “Being the legal claimants of the property of Surinder Chawla, the petitioners are being harassed by the complainant, who is brother of Surinder Chawla and impugned FIR is to stop them from fighting against the complainant and his other siblings, who have grabbed multi crore property of the Neha Chawla’s husband.”
Talking to The Typewriter, Neha Chawla said that the present order vindicates that this country is ruled by law.
“Brothers of my deceased husband have abused money and power to discourage me from fighting for justice and in this process they have influenced some police officers to implicate us in false cases,” she said and added that being financially sound, they have also managed smear campaigns in some section of media, “to malign my and my son’s image, who is at the threshold of his career,” she added.
Snapshot of order copy of High court Jammu and Kashmir