Imtiaz Ahmed And Others vs Mehroof Ahmed And Others
2023 Latest Caselaw 1693 j&K

                                                                     Sr. No. 251

               HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                             AT JAMMU

                                                     CRM(M) No.694/2023

Imtiaz Ahmed and others                                    ....Petitioner(s)/Appellant(s)
                    Through :- Mr. Ashish Sharma, Advocate.
         V/s

Mehroof Ahmed and others                                               ....Respondent(s)

                   Through :-

Coram: HON'BLE MR. JUSTICE WASIM SADIQ NARGAL, JUDGE

                                     ORDER

21.08.2023

1. The petitioners through the medium of this petition filed under Section

482 Cr.P.C has sought quashment of the impugned complaint under Section 97

Cr.P.C pending before the Court of learned Sub Judge, Special Mobile

Magistrate, Poonch along with all consequential proceedings arising out of the

same.

2. The short submission which has been advanced by learned counsel for

the petitioners is that the instant case is the result of mala fide exercise of power

and has been initiated to wreck vengeance and the proceedings, as such, have

violated the law laid down by the Apex Court in a catena of judgments.

3. Learned counsel for the petitioners further submits that the respondent

No.1 has filed the impugned complaint when the suit for restitution of conjugal

rights and permanent prohibitory injunction is pending wherein it has been stated

that Tahira Akhtar was in illegal custody. Mr. Ashish Sharma, learned counsel

for the petitioners has vehemently argued that the above named Tahira Akhtar

was recovered on 09.08.2023 and the respondent No.1 has filed the complaint on

the very next day which clearly proves beyond any shadow of doubt that the

impugned complaint has been filed just to harass the petitioners and how within

a day one can form opinion that the petitioners are torturing the girl and thus the

filing of the complaint is false and frivolous which is required to be quashed.

4. He further submits that the respondent No.1 did not pray for custody

of Tahira Akhtar which clearly reveals his mala fide intention to play with her.

According to learned counsel for the petitioners, Tahira Akhtar is in safe custody

of petitioner No.1 who happens to be her father and legally wedded wife of the

petitioner No.2.

5. Heard learned counsel for the petitioners at length and perused the

record. Prima facie, a case of indulgence of this Court is made out.

6. Issue notice to the respondents, returnable within four weeks.

Requisites steps to effect service upon the respondents be taken within one week.

7. List on 25.09.2023.

8. Meanwhile, subject to objections from the other side and till next date

before the Bench, the impugned complaint titled 'Mahroof Ahmed vs Mohd.

Aslam Malik and others', which is pending before the Court of learned Sub

Judge Special Mobile Magistrate, Poonch, along with all consequential

proceedings arising out of the same, shall remain stayed.

) (Wasim Sadiq Nargal) Judge Jammu:

21.08.2023 Surinder