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High Court of Jammu and Kashmir · body

2025 DAILYLAW 3756 (JK)

MOHD ZAFAR v. UNION TERRITORY OF JAMMU AND KASHMIR TH DIRECTOR GENERAL OF POLICE, J AND K

CRM(M)/415/2021 · 2025-07-01

Rajesh Sekhri

body2025

Judgment text

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT JAMMU Case: CRM(M) No. 415/2021 CrlM No. 1347/2021 CrlM No. 1357/2021 Mohd. Zafar & Ors. ….Petitioner(s)/Appellant(s) Through :- Mr. Mehtab Gulzar, Advocate V/s UT of J&K &Ors. ….Respondent(s) Through :- Mr. Bhanu Jasrotia, GA Coram: HON’BLE MR. JUSTICE RAJESH SEKHRI, JUDGE ORDER 01.07.2025 Petitioners are aggrieved of FIR No. 0445/2021 for offences under Sections 366/376/109 IPC, primarily, on the ground that petitioner Nos. 1and 2, having attained the age of majority, entered into a wedlock out of free will and volition. A marriage agreement dated 01.04.2021 also came to be executed in this aspect. Petitioner Nos. 1 and 2 have also annexed their respective date of birth certificates with the petition and the marriage certificate dated 01.04.2021 issued by the Executive Magistrate 1st Class (Teshildar) Kalakote, Rajouri. Status report stands filed by the official respondents, a perusal whereof reveals that the statement of petitioner No. 2, alleged to have been kidnapped by other petitioners, was recorded during investigation, whereby she has stated that she left her parental house of her own and married with petitioner No. 1 out of her free will. She was 19 years of age at the time of marriage. She was not Sr.No.17 2 CRM(M) No. 415/2021 kidnapped by anyone and was leading a happy married life with petitioner No. 1. As per the status report filed by the official respondents, no offence is made out against the petitioners. In view of the above, the present petition is allowed and the impugned FIR No. 0445/2021 is quashed. The present petition is disposed of along with connected CrlM(s). Interim direction, if any, shall stand vacated. (RAJESH SEKHRI) JUDGE Jammu: 01.07.2025 Meenakshi