HIGH COURT OF JAMMU & KASHMIR AND LADAKH
HON'BLE MR. JUSTICE MOHAN LAL
SHAZIA WANI – Appellant
Versus
UNION TERRITORY OF JAMMU AND KASHMIR TH POLICE STATION RAJOURI AND ANOTHER. – Respondent
CRM(M)/271/2020
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
CRM(M) No. 246/2020
CrlM Nos. 876, 877 & 881/2020
In
CRM(M) No. 271/2020
CrlM No. 1000/2020
CRM(M) No. 29/2021
CrlMNo.120/2021
Reserved on: 21.12.2022
Pronounced on:10.02.2023
Hassan Basre & Ors. ……..Petitioner/appellant(s)
Through:- Mr. Zulker Nain Sheikh, Advocate in
CRM(M) No. 246/2020
Mr. Syed Aaqib Mujtaba, Advocate in
CRM(M) Nos. 271/2020 & 29/2021
V/S
Union territory of J&K and another …….. Respondent(s)
Through:- Mr. Bhanu Jasrotia, GA for R-1 in
CRM(M) Nos.246 & 271/2020 & 29/2021
Mr. Syed Aaqib Mujtaba, Advocate in
CRM(M) No. 246/2020 for R-2
Mr. Zulker Nain Sheikh, Advocate in
CRM(M) No. 271/2020 & 29/2021 for R-2
CORAM: HON’BLE MR. JUSTICE MOHAN LAL, JUDGE
O R D E R
10. 02. 2023
1.
By this common order, I would like to dispose of aforesaid three petitions
filed under Section 482 of the Code of Criminal Procedure, viz; CRM(M)
No. 246/2020, CRM(M) No. 271/2020 and CRM(M) No. 29/2021, as the
parties involved in all the petitions are relative to each.
CRM(M) No. 246/2020
2.
In this petition, the petitioners seek quashing of FIR No.428/2020 dated
18.08.2020, registered at Police Station, Rajouri against the petitioners
Sr.No.
2 CRM(M) Nos. 246 & 271/2020 & 29/2021
under Sections 452, 382, 323, 147, 504 & 506 IPC, the same being
counter blast to FIR No. 410/2020 dated 08.08.2020 of Police Station
Rajouri lodged by petitioner No.1 against her in-laws including
respondent No.2 (father-in-law of petitioner No.1) under Section 498-A,
323 & 109 IPC and of FIR No. 18/2021 dated 11.01.2021 registered at
Police Station, Rajouri against petitioner under Sections 353, 427, 504,
506 IPC, the same being counterblast to FIR No. 14/2021 dated
08.01.2021 of Police Station Rajouri lodged by brother-in-law of the
petitioner against respondent No.2 under Sections 341, 323, 504, 427,
382 IPC. Since the parties are relatives each other as well as the issues
involved in all the petitions are same, therefore, all the petitions are
disposed of by this common order.
CRM(M) No. 246/2020
It has been stated in the petition that the marriage between petitioner
No.1 and Tahir Iqbal Wani (son of respondent No.2) was solemnized in
the year 2017 at Ward No.8, Rajouri and the Nikah ceremony was
performed earlier on 02.10.2017; that the in-laws of the petitioner No.1
and her family soon after the solemnization of the marriage started
harassing her by demanding more dowry on one pretext or the other
thereby committing serious acts of domestic violence; that the petitioner
Nos. 2 to 6 are the family members of petitioner No.1 have been dragged
into impugned FIR as accused at the behest of the respondent No.2 for
none of their fault but just to harass, victimize and pressurize the
petitioners to succumb to their illegal demands of dowry as respondent
No.2 as well as his son Tahir Iqbal Wani (husband of petitioner No.1)
have been insisting the petitioner No.1 to withdraw the FIR lodged
against them as also to withdr