(1.) In the instant petition, the petitioners seek quashment of FIR No. 150/2017 dated 15th July, 2017 registered at Police Station, Parimpora under Section 366 RPC against petitioner No. 1 by the respondent No. 3 at the behest of respondent No. 4 in order to wreck vengeance upon the petitioners and with ulterior motive to pressurize the petitioners.
(2.) The facts giving rise to the filing of the instant petition are that, the petitioners are major and were having a love affair. Both the petitioners, i.e., petitioner Nos. 1 and 2 disclosed the fact of their love affair for each other to their respective parents and requested them for solemnization between the petitioners, to which the parents of petitioner No. 1 agreed, but the parents of petitioner No. 2 got annoyed with the petitioners. The respondent No. 4, who happens to be the father of the petitioner No. 2 threatened the petitioner No. 1 that in further, if the petitioner No. 1 even tries to see the petitioner No. 2, the petitioner No. 1 and his relations will be eliminated by the respondent No. 4 and his other relations, as the love marriage between the petitioners is not acceptable to them.
(3.) Aggrieved by the said situation, both the petitioners performed Nikah (Annexure-A) dated 07th July, 2017 as per Muslim Law, rites and customs. After performing the Nikah, the petitioners also executed Marriage Agreement (Annexure-A) dated 14th July, 2017, which was duly attested by the Notary. Thereafter, the petitioner No. 2 joined the company of the petitioner No. 1 as his legally wedded wife. After the solemnization of the marriage between the petitioners on 07th July, 2017, the respondent No. 4 and his relatives had made the lives of the petitioners miserable, as both of them had married against the wishes of respondent No. 4 and his relatives. The marriage between the petitioners is eyesore for respondent No. 4 and his relatives, as the same is not acceptable by them. The movement of the petitioners has been restricted in view of the continuous harassment and threat perception at the hands of respondent No. 4 and his relations, as they have openly declared that they will kill both the petitioners in order to satisfy their ego. The petitioners were innocent and have solemnized the marriage with their own choice and without any coercion and aggrieved of the unnecessary threats and harassment made by the private respondent No. 4 and his relatives, the petitioners constrained to file the writ petition bearing OWP No. 1193/2017 titled, "Shafali Hamid and Anr. v. State of J &K and ors ." before this Hon'ble Court.