ABRAR AFZAL Vs. UT OF J&K

JUDGEMENT

(1.) The present petition has been filed by the petitioner for quashing of FIR No. 0055 dtd. 12/5/2021 for commission of offences under Sec. 366, 376 and 109 of IPC registered with Police Station, Darhal at the instance of respondent no. 3 on the ground that the petitioner had solemnized marriage with respondent No. 3 on 27/4/2021, regarding which Nikah Nama dtd. 27/4/2021 and marriage agreement dtd. 5/5/2021 were also executed between the petitioner and respondent No. 3.

(2.) It has been stated that after the execution of the marriage agreement, while the petitioner and respondent No. 3 were coming back from Shahdra Sharief, they were attacked by respondent No. 4 and others, regarding which a complaint was also registered before the learned Munsiff, Thanamandi and statement of respondent No. 3 was also recorded, wherein she has stated that she was threatened by respondent No. 4 and others and she simultaneously admitted the factum of her marriage with the petitioner.

(3.) Further, it is averred that while the petitioner and respondent No. 3 were going to their home situated at village Bhangai, respondent No. 4 and others attacked them and after administering severe beatings to the petitioner, abducted his wife and took her with them at their residence and thereafter due to the pressure exerted by respondent No. 4 upon the respondent No. 3, she has lodged an FIR impugned. On these grounds, the petitioner has sought the quashing of the abovementioned FIR.