Danish Iqbal Dev And Ors vs Ut Of J&K And Anr
2021 Latest Caselaw 39 j&K

                                                                         137

             HIGH COURT OF JAMMU AND KASHMIR
                          AT JAMMU
                             (Through video conference)


                                               CRM(M) No. 41/2021
                                               CrlM Nos. 139/2021&
                                               140/2021

Danish Iqbal Dev and ors.                          ....Appellant(s)/Petitioner(s)

                  Through :- Mr. Azhar Usman Khan, Advocate.


                V/s
UT of J&K and Anr.                                           ....Respondent(s)


                  Through :-

Coram: HON'BLE MR. JUSTICE DHIRAJ SINGH THAKUR, JUDGE

                                    ORDER

01.02.2021

This is a petition filed under Section 482 of the Criminal Procedure

Code for quashing FIR No. 352/2020 dated 19.12.2020 registered with Police

Station, Bahu Fort, Jammu for offences under Section 366/109 IPC.

Counsel for the petitioners urged that the petitioner No. 1 had married

one Farhana Akhter out of own free will and volition.

It is stated that the petitioner No. 1 and Farhana Akhter filed joint

petition bearing WP(C) No. 2010/2020 seeking protection from this court,

which was disposed of vide order dated 24.12.2020 in the light of the ratio of

judgment of the Apex Court in Lata Singh vs. State of UP & anr reported in

2006(5) SCC 475.

It is further stated that both the petitioner as also Farhana Akhter

were present in the court on the date when the aforesaid order had been passed,

providing security cover to the petitioners.

It is urged that the allegations in the FIR regarding kidnapping and

abduction of Farhana Akhter is, therefore, totally false.

Prima facie case is made out.

Issue notice in the main petition as also in application.

List again on 5.4.2021.

In the meantime, subject to objections and till next date of hearing, no

further proceedings be initiated against the petitioners in the FIR in question.

(Dhiraj Singh Thakur) Judge JAMMU 01.02.2021 (Naresh)