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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

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