Monika vs Ut Of J&K & Anr
2026 Latest Caselaw 128 J&K

Jammu & Kashmir High Court

Monika vs Ut Of J&K & Anr on 30 January, 2026

Author: Rajnesh Oswal

Bench: Rajnesh Oswal

                                           Sr. No. 72
     HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                     AT JAMMU

CRM(M) No. 62/2026


Monika                                                       .... Petitioner(s)

                           Through:-   Mr. Varut Kumar Gupta, Advocate.


                  V/s

UT of J&K & Anr.                                           .....Respondent(s)

                           Through:-   Mr. P. D. Singh, Dy. AG.

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

30.01.2026

1. It is contended that prior to the lodging of FIR bearing 0026/2026 with Police Station, Bahu Fort, respondent No. 2 had approached the Women Cell, Police Station, Rohtak with a complaint leveling similar allegations which was subsequently withdrawn pursuant to the affidavit submitted by respondent No. 2, resulting into the withdrawal of the complaint filed with the Police Station, Rohtak.

2. It is further urged that after the closure of the said complaint, respondent No. 2 in order to harass the petitioner and her husband, had lodged the impugned FIR on similar set of allegations. And further, there is no allegation in respect of commission of any offence so far as the petitioner is concerned.

3. Prima facie, a case for indulgence is made out.

4. Notice is waived by Mr. P. D. Singh, learned Dy. AG on behalf of respondent No. 1. Now, notice shall go to respondent No. 2 through SP, Rohtak.

5. List on 24.02.2026.

6. Meanwhile, investigation in the impugned FIR No. 26/2026 dated 15.01.2026- registered with Police Station, Bahu Fort, Jammu under

Sections 123, 3(5), 351(3), 64(2) (m) and 78 of BNS, 2023 shall remain stayed qua the petitioner.

(Rajnesh Oswal) Judge JAMMU 30.01.2026 NEHA-1