FATIMA Vs. UT OF J&K

JUDGEMENT

(1.) The filing of this petition presents a very peculiar situation before this court in the manner that the petitioner no.1. is the alleged victim (Complainant) of commission of offence against her person under Sec. 366, 368,370,376 read with Sec. 120- (B) IPC for which FIR No.130 of 2023 dtd. 12/12/2023 came to be registered with Police Station, Kunzar, Baramulla,. The concern of this court got activated when through the medium of the present petition, petitioner no.1 joined by one Mushtaq Ahmad Shah posing as petitioner no.2 has come forward with the quashment of very said FIR. The petition bears recitals as if the petitioner no.1 victim(Complainant) is married to the petitioner no.2 who alongwith proforma respondent no.5 and 6 in the present petition are the main accused in the present FIR.

(2.) The petitioner no.1 present in person identified herself to be the resident of Burma. From her demeanor, this court could perceive her to be conducting herself as if lost. The very fact that petitioner .1 is being presented without indulgence of the Police Station concerned is a pointer to the fact that the petitioner no.1 is being tutored to some how ensure that FIR gets quashed to the ultimate benefit of accused ones.

(3.) Before this court deals with the matter further , it is necessary to ensure the safety and protection of the petitioner no.1. Therefore, this court has called the SHO Police Station Saddar accompanied with Police woman Constable, Police Station Saddar, namely Shahzada, Belt No.862 for entrusting the custody of the girl to be lodged in Open Shelter for Girls, Rawalapora, Srinagar, Near Punjab National Bank. The Superintendent, of the said Centre to ensure care and comfort of the petitioner no.1 and her production through SHO concerned as and when directed by this court. The Superintendent is directed not to allow any outsider whomsoever to meet the petitioner no.1 without any order of this court.