WALI MOHD. AND ORS. Vs. STATE OF J&K

JUDGEMENT

(1.) In this petition under section 561-A Cr. P.C., the petitioners solicit the directions of this Court in quashing the FIR bearing No. 74/2016 dated 22.07.2016 registered against them at Police Station Chenani, District Udhampur for the commission of the offences under section 366/109 RPC. The case set up by the petitioners is that the petitioner No. 2 got married to one Mst. Maani on 15.04.2016. After this marriage a false and frivolous case has been registered against the petitioner No. 2 and others on 22.07.2016 at Police Station Chenani, on a report lodged by one Miskeen Ali related to Mst. Maani as her cousin, on the grounds that on 15.07.2016 Mst. Maani has been abducted by the petitioners. It is further pleaded that petitioner No. 2 a woman of 26 years age at the time of her marriage, entered into a marital tie with him and after this marriage they lived together as husband and wife by their own will and volition. This marriage did not augur well with the parents of Mst. Maani which constrained them (the petitioner No. 2 and Mst. Maani) to file a writ petition before this Court under the fear that they will be harmed by the parents and the relatives of Mst. Maani for having contracted the marriage against their will and wish. The writ petition was disposed of by directing the respondent No. 4 therein to consider the threat perception of the petitioners at the hands of the respondent Nos. 5 to 7and to provide adequate security to them, if the circumstances so warranted in accordance with the provisions of law. It is further pleaded that despite Court directions, the parents and the relatives of Mst. Maani without any rhyme or reason whatsoever forced the Incharge Police Station Chenani to arrest the petitioners. Hence, the petition.

(2.) Heard and considered.

(3.) The order dated 28.09.2016 passed by a co-ordinate Bench of this Court states that on the asking of the Court, the statements of the petitioner No. 2 and Mst. Maani were recorded by the learned Registrar (Judicial) of this Court on 27.09.2016. This statement of Mst. Maani forms a part of the record and the same is reproduced herein below for the convenience of ready reference: