S. No.12 Regular List IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR HCP No.40/2026 CM No.2424/2026 and CM No.3270/2026 ANKUSH …..Petitioner(s) Through: Mr.Dalbir Singh, Advocate(through VM) V/s UNION TERRITORY OF J AND K AND OTHERS … ..Respondent(s) Through : Mr.Mohsin Qadiri, Sr.AAG and Ms.Maha Majeed, Assisting Counsel CORAM: HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE ORDER 29.06.2026 1. The petitioner through the medium of present petition has prayed for a writ of Habeas Corpus directing the respondents to produce the detenue Smt. Khushboo Akhter before this Court and to set her at liberty from illegal and forcible custody of respondents No. 6 to 8. A further direction upon the official respondents to provide immediate and adequate protection to the life and liberty of the petitioner and the detenue has also been sought. 2. As per the case of petitioner, he has entered into a wedlock with the corpus out of free will and consent of the parties. It is the case of the petitioner that he alongwith the corpus started living as husband and wife and on 15.04.2026 when he alongwith corpus HCP No.40 of 2026 Page 2 of 5 were travelling from Srinagar to Chandigarh, the driver of the taxi in which they were travelling with connivance with other local drivers began harassing them and with the help of local police of Police Station Chanderkote, the petitioner alongwith corpus was taken to the Police Station, where they were illegally detained. It has been submitted that the police officials called the private respondents to Police Station Chanderkote and they allowed the corpus to be taken away forcibly by the private respondents. According to the petitioner, the detenue is in illegal custody of respondents No.6 to 8. 3. On 22.04.2026, when the petition was taken up by this Court on motion hearing, an interim direction came to be issued to respondent No.4- SSP, Kupwara and respondent No.5-SHO, Police Station Handwara to ensure that no harm is caused to the corpus, namely, Khushboo Akhter. Notice was also sent to the other respondents. On 29.05.2026 a direction came to be issued by this Court that the alleged abductee be produced before this Court on next date of hearing for her examination. On 3rd June, 2026, the corpus was produced before this Court and under the directions of this Court her statement was recorded by the Registrar Judicial. 4. In her statement recorded before the Registrar Judicial, the corpus who is a major girl, categorically stated that she has entered into wedlock with the petitioner out of her free will and consent and that she desires to live a peaceful matrimonial life with him. HCP No.40 of 2026 Page 3 of 5 However, while recording his statement, the learned Registrar Judicial rendered an opinion that the corpus has not made her statement voluntarily and that she was under influence and coercion. The Registrar Judicial further recommended that the corpus may be sent to the Open Shelter Home for Girls, Srinagar at Nowgam at least for fifteen days to provide her necessary emotional and psychological treatment to help her to come out of the mental distress and thereafter her statement needs to be recorded afresh. 5. Acting on the aforesaid recommendation of the Registrar Judicial, this Court vide order dated 03.06.2026 directed that custody of the corpus be handed over to Incharge, Open Shelter Home for Girls, Srinagar at Nowgam with a further direction to produce her before the Court on next date of hearing. 6. It seems that aforesaid order passed by this Court came to be challenged by the petitioner by way of SLP(Cr) No.11476/2026 before the Supreme Court. Vide order dated 19.06.2026, passed by the Supreme Court, operation of order dated 03.06.2026 has been stayed and the corpus, namely, Khushboo Akhter has been directed to be released from Open Shelter Home for Girls, Nowgam Srinagar. It has been further directed that she shall be provided security and safely escorted to destination of her choice. 7. Today learned counsel for the petitioner has submitted that pursuant to the directions of Supreme Court, the corpus Khushboo HCP No.40 of 2026 Page 4 of 5 Akhter has been released from Open Shelter Home for Girls Nowgam, Srinagar and she has joined the company of petitioner out of her free will and volition. He has, however, submitted that there was reluctance on the part of the Police authorities and the authorities of Open Shelter Home for Girls to permit the Corpus to proceed to destination of her choice. He has further submitted that the petitioner, as well as the corpus, were subjected to brutal torture by the Police of Police Station Chanderkote and, as such, they need to be proceeded against in accordance with law. In fact, the learned counsel has submitted that the petitioner has already filed an application bearing CM No.3270/2026, whereby the petitioner has placed on record a copy of Zero FIR registered by him with Police Station Quilla Panipat on 27.04.2026, wherein action against the officials of Police Station Chanderkote, the taxi drivers as also the private respondents and other persons involved has been sought. 8. It is not in dispute that pursuant to the directions of Supreme Court, the corpus has been set at liberty and she has been allowed to proceed to the destination of her choice, whereafter she has started living with the petitioner out of her own free will and volition. Thus, the prayer of the petitioner with regard to production of corpus before this Court and for passing further direction with regard to her custody stands already satisfied. The only issue which remains to be addressed is with regard to alleged brutalities and excesses HCP No.40 of 2026 Page 5 of 5 committed by the officials of Police Station Chanderkote, private respondents and unknown taxi drivers upon the petitioner and the corpus. The same issue is subject matter of Zero FIR registered by Police Station Quilla Panipat on 15.04.2026 which has been transferred to Police Station Chanderkote District Ramban. Since the petitioner has already taken recourse to appropriate remedy in this regard, as such, no further directions are required to be passed by this Court at this stage. 9. In view of the above, the petition is disposed of leaving it open to the petitioner to approach this Court afresh in case he does not feel satisfied with the action that is being taken by the police officials of Police Station, Chanderkote with regard to investigation of Zero FIR which has been transferred to the said Police Station. (SANJAY DHAR) JUDGE SRINAGAR 29.06.2026 Sarveeda Nissar Whether the order is speaking: Yes/No Whether the order is reportable: Yes/No Sarveeda Nissar I attest to the accuracy and authenticity of this document every page at bottom left side 30.06.2026 03:55