BILKEES JAN ALIAS KULSUM AND ANR. v. UNION TERRITORY THROUGH POLICE STATION KUNZAR AND ANR. (HOME DEPARTMENT)
CRM(M)/342/2022 · 2025-12-02
Sanjay Dhar
body2025
DailyLaw.ai
[ 2025 DAILYLAW 14971 (JK) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 14971 (JK) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Serial No. 25 Reg Cause List.
HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR
CRM(M) 342/2022 CrlM(1006/2022) CrlM(376/2025).
BILKEES JAN ALIAS KULSUM AND ANR.
…Petitioner (s)
Through: None.
VERSUS
UNION TERRITORY THROUGH POLICE STATION KUNZAR AND ANR.
Through: Mr. Hakim Aman Ali, Dy. AG.
…Respondent(s)
CORAM:
HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE.
ORDER 02-12-2025
01.
The petitioners have challenged FIR No. 91 of 2022 for commission of offence under Section 366 of the Indian Penal Code (IPC) registered with Police Station Kunzar, Tangmarg.
02.
In the petition, it has been submitted that the petitioners have entered into wedlock out of their own free will and volition, and that both of them have attained the age of majority. It has been further submitted that the family of Petitioner No. 1 is not happy with the said marriage, as a result of which Respondent No. 2, who happens to be the mother of Petitioner No. 1, has lodged the impugned FIR. The petitioners have also placed on record a copy of the Nikahnama as well as a copy of the Marriage Agreement.
03.
The Investigating Agency, in its Status Report, has stated that during the investigation of the case, the statement of the prosecutrix was recorded before
the Court of Judicial Magistrate 1st Class, Tangmarg. A copy of the said statement has been placed before the Court. As per the said statement, the prosecutrix has disclosed her age as (19) years and has stated that she has entered into wedlock with Petitioner No. 1 out of her own free will and volition, and that both of them are living together as wife and husband.
04.
On the basis of the statement of the prosecutrix, the Investigating Agency has closed the investigation of the case as “not admitted”.
05.
In view of the above, nothing survives for further adjudication in the present petition. Accordingly, the petition is rendered infructuous and is disposed of.
(Sanjay Dhar)
Judge
SRINAGAR 02-12-2025 Showkat Khan