Mukesh Kumar And Another vs Ut Of J&K And Others
2026 Latest Caselaw 765 J&K

Jammu & Kashmir High Court

Mukesh Kumar And Another vs Ut Of J&K And Others on 13 February, 2026

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                                                     Serial No. 104

     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                                AT JAMMU
CRM(M) No. 120/2026
CrlM No. 209/2026

Mukesh Kumar and another                         .....Appellant(s)/Petitioner(s)
                       Through: Mr. Atul Raina, Advocate.

                vs
UT of J&K and others                                        ..... Respondent(s)
                       Through: Mr. Bhanu Jasrotia, GA.

Coram: HON'BLE MR. JUSTICE RAJNESH OSWAL, JUDGE
                                  ORDER

13.02.2026

1. It is contended by the learned counsel for the petitioners that just

because the petitioner No. 2 has solemnized marriage with the

petitioner No. 1 against the wishes of her parents, a false and frivolous

FIR bearing No. 0010/2026 under Section 305 and 49 of the BNS,

2023 has been registered with Police Station, Nowshera at the instance

of respondent No. 4, who is mother of petitioner No. 2. He further

submits that in Para 3 (e) of the petition, he has specifically pleaded

that initially a missing report was filed, wherein no allegations in

respect of commission of theft were levelled, as such, he submits that

the FIR impugned has been lodged just to wreck vengeance upon the

petitioners.

2. Prima face case for indulgence is made out.

3. Issue notice to the respondents.

4. Mr. Bhanu Jasrotia, learned GA waives notice on behalf of the

respondent Nos. 1 to 3. He seeks time to file response. Time is

granted. Let the needful be done by or before the next date of hearing.

5. Now, the notice shall go only to the respondent No. 4, subject to

petitioners' taking necessary steps within a period of one week.

6. List on 06.04.2026.

7. In the meantime, subject to objections from the other side and till next

date of hearing before the Bench, investigation in the impugned FIR

shall remain stayed.

(RAJNESH OSWAL) JUDGE

Jammu 13.02.2026 Sahil Padha