MOHD. KARIM AND ORS. Vs. STATE AND ORS.

JUDGEMENT

(1.) - In the instant petition, the petitioners seeks quashment of FIR (Annexure-A) No. 87/2017 dated 21st April, 2017 registered at Police Station, Bishnah Jammu by the respondent No. 3 at the instance of respondent No. 4 under Sections 363/109 RPC against the petitioner Nos. 1 to 5. The petitioners also seek quashment of the investigation being conducted by the respondent No. 3 pursuant to the registration of the aforesaid FIR.

(2.) In this petition, it has been stated that petitioner No. 4, namely, Farman Ali solemnized marriage with the daughter of respondent No. 4, namely, Raveena on 08th June, 2017 and a Marriage Agreement got registered and the Nikah Nama also got performed between the petitioner No. 4 and the said Raveena. The petitioner No. 4 solemnized and contracted marriage out of his free will, without any coercion and pressure from any corner. Both the petitioner No. 4 and Raveena were living together as husband and wife, however, the marriage of the petitioner No. 4 was to the disliking of respondent No. 4, i.e., the father of the said Raveena, who opposed the marriage of petitioner No. 4 with his daughter and the respondent No. 4 succeeded for registration of a false, frivolous and baseless FIR against the petitioners for the alleged commission of offences under Section 363/109 RPC with respondent No. 3, i.e., Station House Officer, Police Station Bishnah, Jammu and on the basis of false, frivolous and baseless FIR, the respondent No. 3 is making every effort to arrest the petitioner No. 4 and the respondent No. 4 continuously harassing the petitioners.

(3.) The FIR registered by the respondent No. 3 at the instance of respondent No. 4 for the alleged commission of offences under the aforesaid Sections is required to be quashed inasmuch as the same is abuse of process of law and no offence under the aforesaid Sections has been committed by the petitioners, as such the petitioner No. 4 and the daughter of respondent No. 4 contracted marriage out of their free will and without any coercion and at no point of time, the petitioners kidnapped the daughter of respondent No. 4, which fact is evident from the marriage agreement, Nikah Nama and the recorded statement of the daughter of respondent No. 4 before the Munsiff JMIC, Akhnoor.