Jammu & Kashmir High Court
Mohd. Zafar & Ors vs Ut Of J&K &Ors on 1 July, 2025
Sr.No.17
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
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