GULAB DIN Vs. STATE

JUDGEMENT

(1.) Through the medium of the instant petition, the petitioners have challenged F.I.R No. 182/2016 registered with Police Station, Surankote for offence under Ss. 366/109 RPC.

(2.) Briefly stated the facts of the case are that one Mohd. Razaq, who happens to be nephew of petitioner No. 1, the son of petitioner Nos. 2 and 5, brother of petitioner No. 3 and cousin of petitioner No. 4, contracted marriage with one lady Ms. Nayeem Fatima. According to the petitioners, the aforesaid Ms. Nayeem Fatima entered into wedlock with Mohd. Razaq out of her free will and volition. It is alleged that father and brother of Ms. Nayeem Fatima were not happy with this marriage and they threatened to finish off her husband namely Mohd. Razaq. On account of this, the respondent No. 2, who happens to be the brother of Ms. Nayeem Fatima, lodged the impugned F.I.R against Mohd. Razaq and his close relatives, the petitioners herein. It is averred that Mohd. Razaq and Ms. Nayeem Fatima, both had attained the age of majority at the time, when they entered into wedlock and that they are presently happily living as husband and wife. The petitioners have placed on record a copy of the marriage agreement, a copy of the Nikah Nama and a copy of the statement made by Ms. Nayeem Fatima before the Court of Chief Judicial Magistrate, Rajouri. In the said statement, she has made it clear that she has, out of her free will, entered into wedlock with Mohd. Razaq and that her relatives are not happy with this marriage, as a result of which, they are harassing her. On the basis of the aforesaid averments and the material placed on record, the petitioners have contended that the allegations of kidnapping made in the F.I.R against them are absolutely false and concocted.

(3.) I have heard learned counsel for the parties and perused the material on record.