JAVID IQBAL Vs. STATE OF J. AND K.

JUDGEMENT

(1.) Flash back of the events which have given rise to multiple litigations is advantageous to be precisely noticed. Dr. Javid Iqbal while doing his M.S. and Registrarship in P.G.I. Chandigarh came in contact with one Ms. Gurpreet Kaur when her grand-mother was admitted in PGI for treatment. In the process, Dr. Javid Iqbal and Ms. Gurpreet Kaur became good friends. In the year 2005, eventually Dr. Javid Iqbal proposed marriage and ever since they were treating each other as husband and wife.

(2.) On 06.07.2010, Dr. Javid Iqbal completed the period of PGI job and left Chandigarh. When marriage proposed could not fructify, Ms. Gurpreet Kaur lodged a report in Police Station, Rajouri which was registered as FIR No.263/2010 dated 31.07.2010 for the commission of offences punishable under Sections 376/420/501/120-B RPC against Dr. Javid Iqbal, Zaffer Iqbal and Mohd Qasam, who thereafter filed petition under Section 561-A Cr.P.C. No.147/2010 on 09.08.2010 seeking quashment of said FIR. While considering the documents as were placed on record, i.e., marriage agreement, two affidavits, one on behalf of Dr. Javid Iqbal and another of Ms. Gurpreet Kaur, copy of statement of Ms. Gurpreet Kaur recorded on 06.08.2010 by the Court of Sub Judge (JMIC), Jammu and copy of application addressed by Ms. Gurpreet Kaur to the Senior Superintendent of Police, Rajouri requesting for stopping further investigation in the said FIR No.263/2010 vide order dated 11.08.2010, proceedings as were initiated pursuant to said FIR were directed to be kept in abeyance, until determination of the objections to be filed by the respondents therein.

(3.) During the pendency of this petition, relationship between Dr. Javid Iqbal and Ms. Gurpreet Kaur alias Samira Choudhary got strained, as a result whereof, Ms. Gurpreet Kaur alias Samira Choudhary lodged a report with Police Station, Women Cell, Jammu which was registered as FIR No. 19/2011 for the commission of offences punishable under Sections 498-A/109 RPC.