The High Court of Jammu & Kashmir and Ladakh has dismissed a petition seeking quashing of an NDPS FIR and ₹50 lakh compensation, holding that mere registration of an FIR based on credible information and its subsequent closure as “not admitted” does not entitle an accused to compensation in the absence of proof of malafides or violation of fundamental rights.
The petitioners had invoked Section 482 CrPC after FIR No. 11/2023 was registered alleging their involvement in narcotics trafficking and laundering of its proceeds. During investigation, searches were conducted, vehicles and mobile phones were seized, but the police ultimately closed the case after finding insufficient admissible evidence to file a chargesheet.
Rejecting the compensation claim, the Court observed, “Compensation… is an exceptional public law remedy available only when there is an established violation of fundamental rights, coupled with malafides or gross abuse of process causing demonstrable harm.” It held that “Mere registration of FIR… and closure as ‘not admitted’ do not constitute violation of any of the fundamental rights of the petitioners.”
The Court further noted that the investigating agency acted bona fide, observing that “the closure itself is a manifestation of the bona fide intention of the Investigating Officer.” It reasoned that had the investigation been actuated by malice, the police could have attempted to fabricate evidence instead of closing the case for want of sufficient material.
Holding that the FIR was registered on information disclosing cognizable offences and that no material was placed on record to establish false implication or abuse of process, the Court dismissed the petition as “bereft of merit.”
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