ZAMEER AHMED AND ORS. Vs. STATE OF J&K

JUDGEMENT

(1.) By virtue of this order, I am deciding two petitions pending before this Court. One petition has been filed under Article 226 of Constitution of India read with section 103 Constitution of J &K State, by petitioners Zameer Ahmad Chogta and Shaista Sidiq for seeking relief of protection to their life on the grounds that they are major and have solemnized the marriage with free will and without any force from anybody; along with the petition, they have annexed photocopy of certificate issued by Dental Care Centre Sopore with regard to age of petitioner no.2, showing her as 18 years. They have also annexed Nikah Nama and Marriage Agreement.

(2.) This court on 22.6.2016 granted relief of their protection and disposed off the writ petition on the same day. It further appears that mother of petitioner no.2 and two more persons filed LPAOWP no.35/2016 on the ground that girl was minor and they have not been heard. LPA was allowed by Hon'ble Division Bench on 05.10.2016 and mother was directed to be impleaded as party in writ petition and writ petition was revived. Order dated 07.10.2016 would reveal that matter was adjourned for objections; order dated 15.10.2016 would reveal that counsel for mother of petitioner no.2 stated that FIR no.103/2016 dated 13.6.2016 in Police Station Surankote under section 363/109 RPC has already been registered against petitioner No.1 and his family.

(3.) Then husband-Zameer Ahmed and his family filed a second petition under section 561-A Cr.P.C seeking quashment of FIR No.103/2016 dated 13.06.2016 registered at Police Station Surankote under Sections 363/109 RPC.