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| Valentine day gift to lover couple | | HC quashes FIR in love-marriage case | | Early Times Reporter
Jammu | Feb 13
Consider a Valentine Day gift or the course of law promising opportunity to lead life according to wishes, the Jammu and Kashmir High Court today ordered quashing of a police report lodged by father of a girl as entered into wedlock without taking family into confidence.
The FIR had been registered at Rajouri police station by father of a girl identified as Shazia who got married to a boy of her choice despite resistance from the family. After perusal of the record, the court said that continuance of the proceedings in the FIR is likely to deprive the petitioners of their fundamental right to lead their life according to their own wishes. “Court therefore, deem it just, proper and in the interest of justice to quash the FIR and all proceedings taken pursuant to its registration”, said Justice JP Singh in an approved for reporting order.
Justice Singh after hearing Adv Pawan Kumar Maini appearing for the petitioner, AAG BS Salathia appearing for the state and Adv AM Malik appearing for the father of girl, observed that after gone through the documents placed on record by the petitioners, which include the age certificate of Shazia indicating her date of birth June 15, 1982, done Nikahnama, the Marriage Agreement, Affidavits of the petitioners and statement of Shazia has made before 2nd Additional Munsiff Jammu. The documents placed on record established that the petitioners being major and entered into a valid Muslim Marriage and there was no case of abduction. The allegations made by the father of the girl in his complaint do not appear to be true.
Court further observed that in view of the statements of the father of the girl that he would not like to prosecute the FIR, in view of the abundant material placed on record by the petitioners proving their having entered into a valid Muslim Marriage, Court is of the view that registration of FIR No 591/2007 at the instance of the father of the girl was an abuse of the process of law because the allegations made in the FIR were incorrect. Continuance of the proceedings in the FIR is thus likely to deprive the petitioners of their fundamental right to lead their life according to their own wishes. Court therefore, deem it just, proper and in the interest of justice to quash the FIR and all proceedings taken pursuant to its registration. With these observations Court allowed the petition and quashed the FIR registered at P/S Rajouri. |
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