NUSRAT JAN Vs. STATE OF J&K

JUDGEMENT

(1.) ON 24.10.2006 Respondent Mohammad Bakir Malik S/o Gh. Hussani Malik R/o Gangoo Pulwama Tehsil and District Pulwama filed a report with the Police Station, Pulwama stating therein that on 22.10.2006 his daughter namely Nusrat Jan @ Nuzhat Jan was abducted by one Gulzar Ahmed Reshi S/o Gh. Ahmad Reshi R/o Drusoo Pulwama Tehsil & District Pulwama (Petitioner No.2). He prayed for an action in the matter and also for the recovery of the girl. On this report FIR No. 383/06 was registered in the Police Station, Pulwama under section 366 RPC and the investigation started which was assigned to Head Constable Gh. Rasool.

(2.) THE petitioners have through the medium of the present petition prayed for quashment of the said FIR on the ground that they, being major have out of their free will married and that it being Intercast marriage relatives of the petitioners are harassing them with the aid of the local police. In support they have placed on file a copy of the "Nikahnama" alleged to have been executed by them. They have also placed on file a copy of the interim direction passed by Munsiff, Pulwama in a Civil Suit title N us rat Jan v. Mohd. Baqir Malik and Ors. dated 07.02.2007 filed by them in the said Court. A copy of the bail order in favour of the petitioner No. 2 granted by Judicial Magistrate 1st Class, Pulwama has also been placed on file to show that the Police concerned has implicated father of petitioner No. 2 namely Gh. Ahmed Reshi as accused in the case.

(3.) ON 07.05.2007 when this case was taken up for consideration the Court directed stay of proceedings till further orders.