SHABAZ AHMED Vs. STATE (NOW UT) OF J&K

JUDGEMENT

(1.) Through the medium of this judgment, it is proposed to dispose of these two petitions which have been filed, invoking inherent jurisdiction, under Sec. 561-A of the Code of Criminal Procedure(J&K).

(2.) The relief sought for by the petitioners in CRMC No.446/2014 is the quashing of FIR No.132 of 2014 dtd. 19/9/2014 registered at Police Station Thanamandi against the petitioner no.1 for the commission of offences punishable U/Ss 363/109 RPC, with the accusation that he had kidnapped petitioner no.2, on the basis of a written complaint by her father Mohd Hussain S/O Faqir Mohd R/O Lah Thanamandi.

(3.) The facts which goad the petitioners to file CRMC No. 446/2014, are that the petitioner No. 1 Shabaz Ahmed and Petitioner No.2 Sayma Kosser, being major, contracted marriage out of their free will on 23/8/2014 but to the disliking of the relatives of the petitioner No.2, who having got infuriated and offended, lodged report which had been registered as FIR No.132/2014 in Police Station Thanamandi for commission of offences punishable under Ss. 363/109 RPC. It is averred in the petition that since the petitioners have been living as husband and wife since the date of contracting of the marriage and also for the reason that they are major and have contracted the marriage out of their sweet will, therefore, in this backdrop of the matter, the police ought not to have registered the impugned FIR against them and the same may be quashed.