HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU OWP No. 1633/2017 IA No. 01/2017 Iram Saba & Ors. …..Petitioner(s) Through: Ms. Rushda Choudhary, Advocate. Vs State of J&K & Ors. .….Respondent(s) Through: Mrs. Monika Kohli, Sr. AAG with Ms. Nazia Fazal, Advocate. CORAM: HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE ORDER (20.12.2025) 01. The respondent No. 3-Mohd. Arif is father of the petitioner No. 1-Iram Sabha. 02. The respondent No. 3-Mohd. Arif had complained that on 16.07.2017, the petitioner No. 1 had gone missing leading to registration of a missing report dated 17.11.2017 with the Police Station, Surankote. 03. Missing of the petitioner No. 1-Iram Sabha was alleged to be an act of kidnapping by petitioner No. 2-Tahir Rashid resulting in registration of FIR No. 212/2017 dated 28.09.2017. 04. As a matter of fact, the petitioner No. 1-Iram Sabha and the petitioner No. 2-Tahir Rashid are said to have solemnized Serial No. 16 Supplementary List-I 2 OWP No. 1633/2017 marriage against the parental wishes, in particular, of the petitioner No. 1 and, therefore, right from very beginning, the petitioners No. 1 & 2 were never in any state of culpability and criminality to suffer an investigation by reference to FIR No. 212/2017 dated 28.09.2017 registered by the Police Station, Surankote. 05. In fact, the petitioners No. 1 & 2 had even filed a writ petition OWP No. 1112/2017 before this Court with averments that they have married out of their free will and living as husband and wife and that resulted in a direction being given by the writ court to ensure their safety and security meaning thereby the legitimacy of their relationship as married persons at no point of time was ever doubtful or admitted of any dispute. 06. Thus, continuation of FIR No. 212/2017 dated 28.09.2017 on the record of the Police Station is nothing but an abuse of process of law for seeking quashment of which the three petitioners came up with the present petition instituted on 09.10.2017. 07. The very fact that the petitioners Nos. 1 & 2, in particular, are standing by each other in their marital relationship is a pointer to the fact that FIR No. 212/2017 dated 28.09.2017 has lost its basis. 08. Accordingly, the writ petition is allowed, FIR No. 212/2017 dated 28.09.2017 registered with the Police Station, Surankote is quashed. 3 OWP No. 1633/2017 09. A copy of this order be forwarded to SHO Police Station, Surankote for being taken on record for giving the closure to FIR No. 212/2017 dated 28.09.2017 as being set aside. (RAHUL BHARTI) JUDGE JAMMU 20.12.2025 Shivalee