ROZIA AKHTER AND ANR. Vs. STATE OF J&K

JUDGEMENT

(1.) The petitioner has filed this petition under Section 561-A of the Code of Criminal Procedure seeking quashment of the impugned FIR No. 128 of 2009, dated 22.11.2009, under Section 366/109 RPC, lodged against petitioner No. 2 at Police Station Mendhar, Poonch, Jammu.

(2.) The case of the petitioners is that on 07.11.2009, the petitioner No. 1, who is of 20 years of age got married to petitioner No. 2, whose age is about 25 years according to the Muslim Personnel Law and subsequently on 07.11.2009, the Marriage Agreement dated 07.11.2009 came to be executed between the petitioners and ever since the petitioners have been living together as husband and wife and petitioner No. 1 has been discharging her marital obligations towards the petitioner No. 2 and the marriage between the petitioners has also been consummated. On 08.11.2009 a Marriage Certificate came to be issued in favour of petitioners. It is further stated that despite the fact that the petitioner Nos. 1 and 2 got married out of their own free will, choice and without any compulsion, the said marital bond of Petitioners Nos. 1 and 2 did not go down well with the relatives of petitioner No. 1 and in particular the respondent No. 7 (father of petitioner No. 1) and Respondent No. 8 (uncle of Petitioner No. 1), owing to the reason that the said respondents are from Rajput Muslim Dynasty, which is a high caste than the caste of petitioner No. 2 and Private Respondents are sternly against the inter caste marriage and furthermore they are hell bent upon marrying the petitioner No. 1 with some other person against her wishes.

(3.) It is further stated that the Private Respondents are completely against the marriage of petitioners and as such they did not take the liking for the marital bond between the petitioners. The relatives of the petitioner No. 1 turned very hostile towards the petitioner No. 2 and in pursuit of their ill designs and sinister motives started harassing the petitioners and also threatened them of very fatal and dire consequences if the petitioners do not budge in and terminate their marital relationship. Not only this on 07.11.2009 the brother of the petitioner No. 1 namely Mr. Mohammad Javid along with his friend threatened the petitioners that they would be killed in case they do not terminate their matrimonial relationship and this forced the petitioners to file a complaint under sections 341, 504 and 506 RPC before the learned Chief Judicial Magistrate, Rajouri. In her preliminary statement recorded by the learned CJM, at the time of filing complaint, the petitioner No. 1 has inter-alia categorically stated that she has got married to petitioner No. 2 out of her free will and accord and in fact the marriage of petitioner No. 1 with petitioner No. 2 was agreed upon eight years before.