ASIA FATIMA Vs. UT OF J&K

JUDGEMENT

(1.) In this petition, preferred under Sec. 482 of the Code of Criminal Procedure, petitioners seek quashment of FIR no.15/2020 under Sec. 366 IPC dtd. 15/2/2020, registered in police station Batamaloo, Srinagar, against petitioner no.2, on the grounds made mention of therein.

(2.) I have gone through the petition and considered the matter.

(3.) As is gatherable from perusal of the instant petition, a complaint is stated to have been filed, resulting in registration of impugned FIR. It is contended that lodgement of FIR is aiming at frustrating the procedure and law as also to diverting implementation of Order dtd. 8/1/2020, passed in WP(C) no.3951/2019 titled Asia Fatima and another v. Union Territory and others. It is averred that petitioners have contracted marriage on 22/12/2019 and that petitioner no.1 is legally wedded wife of petitioner no.2. It is stated that petitioner no.1 is a major lady and has entered into wedlock with petitioner no.2 out of her own freewill, consent, without any force from any quarter, therefore, impugned FIR lodged against petitioner no.2 is a total misuse of process of criminal justice system. It is submitted that allegations made in impugned FIR do not prima facie constitute any offence or make out a case against petitioner no.2. It is averred that investigation on the basis of impugned FIR is liable to be quashed as the same is abuse of process of law in view of law laid down in Sham Singh and others v. State and others, 2004 SLJ 64; State of Haryana v. Bhajan Lal, AIR 1992 (Supp) SCC; Tenzen Lobzang and another v. State, 2008 (1) JKJ 377.