SABAH AND ANR. Vs. STATE OF J&K

JUDGEMENT

(1.) Petitioners invoke inherent jurisdiction of this Court under section 561-A Cr.P.C. for quashing FIR No.47/2006 dated 10.04.2006 registered at Police Station Bahu Fort, Jammu under Section 366 RPC.

(2.) In the petition it has been stated that about three years back the petitioners fall in love with each other and convert their love affair into marital knot. In this regard petitioner No.1 on 15.04.2005 embraced Islam in accordance with Muslim law and also executed an affidavit. It is contended that petitioners have executed a Marriage Agreement on 15.04.2005 which was duly registered by Notary Public Jammu and after the execution of Marriage Agreement; the Nikah Ceremony was performed on 16.04.2005. It is further averred that since the solemnization of marriage the petitioners requested the parents of petitioner No.1 to allow them to perform their matrimonial obligations but they remained adamant, compelled the petitioners to take a decision so that they can lead their life according to their wishes as husband and wife. It is also contended that on 18.04.2006, the petitioners left Jammu and proceeded to Srinagar as all their efforts for reconciliation with the parents of petitioner No.1 failed and on the same day i.e 18.04.2006, the relatives of petitioner No.1 lodged an FIR with Police Station Bahu-Fort, Jammu under Section 366 RPC against petitioner No.2.

(3.) The petitioners are aggrieved of the FIR No. 47/2006 registered at Police Station Bahu-Fort, Jammu under Section 366 RPC against petitioner no.1 and seek its quashment on the following grounds: