AIJAZ HUSSAIN PARRA Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners have challenged FIR No.221/2017 for offence under Sec. 420 RPC registered with Police Station, Parimpora.

(2.) As per the impugned FIR, respondent No.3 lodged a report with the police on 27/9/2017 alleging therein that the marriage of his daughter, petitioner No.2 herein, was fixed with petitioner No.1 and a nikah ceremony was also held on 10/9/2017. It was further reported that later on, some of the relatives informed the complainant that petitioner No.1 belongs to Shia community and thus he has cheated the complainant. It was further stated that the complainant has spent a huge amount of money on nikah ceremony and that petitioner No.1 has cheated him as well as his daughter. It was also alleged in the impugned FIR that petitioner had taken away jewellery worth Rs.5.00 to 6.00 lacs and cheated the complainant and his daughter.

(3.) The petitioners have challenged the impugned FIR on the grounds that they have solemnized marriage on 10/9/2017 out of their free will and volition in presence of the families of both the parties. It has been contended that a bare perusal of the contents of the impugned FIR make it clear that no offence is made out against petitioner No.1. It is contended that there was no inducement or misrepresentation of facts on either side of the parties. The petitioners have placed on record copy of the Nikah Nama.