Wali Mohd and Ors. vs State of J&K

In this petition under section 561-A Cr. P. C, the petitioners solicit the directions of this Court in quashing the FIR bearing No.74/2016 dated

22.07.2016 registered against them at Police Station Chenani, District Udhampur for the commission of the offences under section 366/109 RPC.

The case set up by the petitioners is that the petitioner No.2 got married to one Mst. Maani on 15.04.2016. After this marriage a false and

frivolous case has been registered against the petitioner No.2 and others on 22.07.2016 at Police Station Chenani,on a report lodged by one

Miskeen Ali related to Mst. Maani as her cousin, on the grounds that on 15.07.2016 Mst. Maani has been abducted by the petitioners. It is further

pleaded that petitioner No.2 a woman of 26 years age at the time of her marriage, entered into a marital tie with him and after this marriage they

lived together as husband and wife by their own will and volition. This marriage did not augur well with the parents of Mst. Maani which

constrained them (the petitioner No.2 and Mst. Maani) to file a writ petition before this Court under the fear that they will be harmed by the

parents and the relatives of Mst. Maani for having contracted the marriage against their will and wish. The writ petition was disposed of by

directing the respondent No.4 therein to consider the threat perception of the petitioners at the hands of the respondent Nos. 5 to 7and to provide

adequate security to them, if the circumstances so warranted in accordance with the provisions of law. It is further pleaded that despite Court

directions, the parents and the relatives of Mst. Maani without any rhyme or reason whatsoever forced the Incharge Police Station Chenani to

arrest the petitioners. Hence, the petition.

Heard and considered.

The order dated 28.09.2016 passed by a co-ordinate Bench of this Court states that on the asking of the Court, the statements of the petitioner

No.2 and Mst. Maani were recorded by the learned Registrar (Judicial) of this Court on 27.09.2016. This statement of Mst. Maani forms a part

of the record and the same is reproduced herein below for the convenience of ready reference:

Stated that I have married to Sarmu of my own free will on 15.04.2016, and thereafter we have been residing together as husband and wife. My

parents and relatives are against my marriage with Sarmu. My parents and relatives have threatened to kill both of us, i.e. myself and my husband

Sarmu. They have lodged a false and frivolous FIR No.74/2016 dated 22.07.2016 in Police Station Chenani, District Udhampur under section

366/109 RPC against myhusband and his family. I and my husband namely Sarmu want police protection and seeks direction of Hon''ble High

Court in quashing said false and frivolous FIR.

By another order dated 23.10.2017 passed by another Bench of this Court, the officer investigating the case was directed to get the statement

of the victim recorded under section 164 Cr.P.C before a Judicial Magistrate of the 1st Class. The same order directed the investigating officer to

file the status report vis-?-vis case FIR No.74/2016 dated 22.07.2016 registered at Police Station Chenani,under sections 366/109 RPC. By the

same order passed in a petition under section 491-A No.04/2016, the official respondents were directed to trace out the wife of the petitioner

illegally confined by the private respondents and hand over her custody to her husband, i.e. petitioner No.2.

The officer Incharge Police Station, Chenani, has, along with the status report, placed on record the copy of the statement of the victim

recorded on 22.11.2017 under section 164-A Cr. P. C. by Judicial Magistrate 1st Class, Bishnah, wherein she has stated that she has been

residing with the petitioner No.2 after the date of her marriage, which was contracted approximately an year before the date of recording this

statement. She has further stated that she has given birth to a child from the ribs of the petitioner No.2. Her cousins intend to take her away from

the lawful custody of her husband after resorting to force. She is desirous to live in the company of her husband and that a false and frivolous FIR

has been lodged against the petitioners.

From a bare perusal of the statements of Mst. Maani, one recorded by the learned Registrar (Judicial) of this High Court and the other recorded

by the learned Judicial Magistrate 1stClass, Bishnah, what transpires is that being conscious of her welfare Mst. Maani, aged approximately 26

years, entered into a wedlock with the petitioner No.2 and gave birth to a child from his thighs. On the face of these two statements of Mst. Maani,

the registration of the FIR against the petitioners is highly unrealistic and unbelievable. The statements of Mst. Maani, clearly indicates that an

incorrect and unbelievable story has been projected by the informant in the FIR. It appears to be false, frivolous and devoid of merit. The FIR

lodged against the petitioner No.2 and others on the scales of the statements of Mst. Maani is a subterfuge devised to force and coerce her to run

away from the marriage that she has contacted with the petitioner No.2. An adult woman has an unfettered right to live a life of her choice.

It is also brought to the bare from the perusal of the record that the petitioner No.2 and Mst. Maani filed a writ petition before this Court

bearing OWP No.1224/2016 which was decided by order dated 24.08.2016 of this Court with the direction that in view of the statements of the

learned counsel for the parties, the writ petition is taken on board and is disposed of by directing the respondent No.4 to consider the threat

perception to the petitioners at the hands of respondent Nos.5 to 7 and to provide security to the petitioners, if the circumstances so warrant in

accordance with the provisions of law.

Therefore, in the given facts and circumstances of the case, the FIR registered against the petitioners at Police Station Chenani bearing

No.74/2016 and all the proceedings emanating therefrom, can be perceived to be fecetious and feather brained, as a consequence of which the

FIR No.74/2016 and the proceedings arising therefrom, are quashed.

Disposed of, accordingly, along with the connected MPs.