MOHD. ASIF Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioners have challenged FIR No. 39/2019 dtd. 8/3/2019 for commission of offences under Sec. 363 and 109 RPC registered with Police Station, Mendhar, District Poonch.

(2.) As per the case of the petitioners, they are major and they have entered into wedlock out of their own will and volition. It is alleged that the complainant, who happens to be the father of the prosecutrix/petitioner No. 2 herein, has lodged the impugned FIR in a reckless manner without ascertaining the fact that the prosecutrix had entered into a wedlock with the accused/petitioner No. 1 out of her free will. As per the impugned FIR, respondent No. 4 lodged a report with the Police on 8/3/2019 alleging therein that his daughter/petitioner No. 2 has been kidnapped by petitioner No. 1 and his three associates. On the basis of these allegations, the impugned FIR came to be registered.

(3.) In the status report filed by the official respondents, they have reiterated the allegations made in the FIR and have stated that on 8/4/2019, the prosecutrix appeared in the Police Station, Mendhar and her statement under sec. 164 CrPC was recorded by the Judicial Magistrate 1st Class, Mendhar.