IMPORTANT POINT
– Marriage between grown – up lo

1. By virtue of this order, I am deciding two petitions pending before this Court. One petition has been filed under Article 226 of Constitution of India read with section 103 Constitution of J&K State, by petitioners Zameer Ahmad Chogta and Shaista Sidiq for seeking relief of protection to their life on the grounds that they are major and have solemnized the marriage with free will and without any force from anybody; along with the petition, they have annexed photocopy of certificate issued by Dental Care Centre Sopore with regard to age of petitioner no.2, showing her as 18 years. They have also annexed Nikah Nama and Marriage Agreement.

2. This court on 22.6.2016 granted relief of their protection and disposed off the writ petition on the same day. It further appears that mother of petitioner no.2 and two more persons filed LPAOWP no.35/2016 on the ground that girl was minor and they have not been heard. LPA was allowed by Hon’ble Division Bench on 05.10.2016 and mother was directed to be impleaded as party in writ petition and writ petition was revived. Order dated 07.10.2016 would reveal that matter was adjourned for objections; order dated 15.10.2016 would reveal that counsel for mother of petitioner no.2 stated that FIR no.103/2016 dated 13.6.2016 in Police Station Surankote under section 363/109 RPC has already been registered against petitioner No.1 and his family.

3. Then husband -Zameer Ahmed and his family filed a second petition u/s 561-A Cr.P.C seeking quashment of FIR No.103/2016 dated 13.06.2016 registered at Police Station Surankote under Sections 363/109 RPC.

4. It is stated in this petition that the mother and maternal uncle of Shaista Sidiq, daughter of complainant, pressurized Shaista Sidiq to marry some other person against her will and consent with whom Shaista Sidiq did not like to marry and were bent upon to spoil her entire life. So constrained under these circumstances, the wife of petitioner No.1, namely, Shaista Sidiq out of her own free will and consent and without any threat or coercion from any side solemnized her marriage with petitioner No.1 under Muslim Personal Law/Shariat Law which has been a valid marriage under Muslim Personal Law. Thereafter a marriage agreement and affidavit were executed between petitioner No.1 and his wife Shaista Sadeeq and both are living a peaceful married life. It is further contended that annoyed by marriage of petitioner No.1 with Shaista Sidi q, the mother of petitioner No.1 lodged FIR No.103/2016 at Police Station Surankot. Allegations made against the petitioners by the complainant are that petitioner No.1 after developing a conspiracy with the other petitioners have allegedly kidnapped the daughter of the complainant namely Shaista Sidiq from the complainant’s house on 12.06.2016. It is further alleged that pursuant to FIR impugned the police of Police Station Surankote i.e. respondent No.4 produced the wife of the petitioner No.1, Ms Shaista Sadeeq, before the additional Special Mobile Magistrate, Surankot for recording her statement u/s 164-A Cr.P.C on 14.06.2016. The learned Magistrate recorded the statement of Shaista Sidiq wherein she categorically stated that she was not kidnapped by any person but has out of her own free will and consent married with Zameed Ahmed under Muslim Personal Law and Shariat Law on 11.06.2016 because her parents were pressurizing her to marry with a person whom she didn’t like and constrained under these circumstances she was forced to marry with Zameer Ahmed. So, on the basis of her statement (supra) she was handed over by the police to petitioner No.1 in presence of learned Magistrate Surankot. On 26.06.2016 the matter was resolved by a local Panchayat between the petitioners and parents of Shaista Sidiq in which an amount of Rs.10.00 lacs was fixed as Dower (Mehar) out of which Rs.1.00 lakh was deposited in the bank in the name of Shaista Sidiq. It is further stated that the personal law board has given a Fatwa that