NIKUNJ SHARMA Vs. STATE OF J&K

JUDGEMENT

(1.) In the instant petition, the petitioner has called into question FIR No. 152/2018 for offences under Ss. 316/323/109 RPC registered with the Police Station, Rajouri.

(2.) It appears that respondent No. 2/complainant lodged a written report with the SHO, Police Station, Rajouri on 29/3/2018. In the said report, it was alleged that the petitioner happens to be her husband with whom she has entered into wedlock on 5/3/2016. According to the complainant, after about three months of the marriage, the petitioner and his relatives including his parents, brother and sister started harassing and beating her. It was further alleged that the complainant became pregnant and in the month of January 2017, when she was pregnant, the petitioner and his aforesaid relatives conspired with each other and brother of the petitioner, Anuj Sharma pushed her down the stairs, as a result of which she fell down and experienced pain in her belly. It is further alleged that the petitioner, husband of the complainant, arranged her treatment and she was administered some medicines as a consequence whereof, miscarriage took place. The complainant has further alleged that she was thrown out of her matrimonial home and she started living with her parents.

(3.) . On the basis of the aforesaid report, the Police registered impugned FIR for offences under Ss. 316/323/109 RPC and started investigation of the case. Vide order dtd. 17/4/2018 passed by this Court in the instant petition, investigation to the extent of offence under Sec. 316 RPC was stayed, but it appears that the investigation of the case continued in respect of the other offences.