Abdul Gani Bhat vs Nishat Ara on 20 August, 2025

Jammu & Kashmir High Court – Srinagar Bench

Abdul Gani Bhat vs Nishat Ara on 20 August, 2025

Author: Javed Iqbal Wani

Bench: Javed Iqbal Wani

                                                                       S. No. 1
 IN THE HIGH COURT OF JAMMU & KASHMIR AND LADAKH
                    AT SRINAGAR

                             CRM(M) 450/2025
                             CrlM (1079/2025)


Abdul Gani Bhat, 82 years,                                    ...Petitioner/(s)
House No. 8, Pamposh Lane, Natipora,
Srinagar-190015. Cell: 9906631367

Through: Petitioner in person
                                      Vs.
1. Nishat Ara, R/O Hazratbal, Srinagar.                       ...Respondent(s)
   Cell Nos: 9697213669, 7006697234.
2. Mr. Gowhar Majeed Dalal, (Retired)
   the then 4th Addl. Sessions Judge,
   (Addl. Judge Family Court), Srinagar.

Through: Respondent 1 present in person.
CORAM:
 HON'BLE MR JUSTICE JAVED IQBAL WANI, JUDGE
                             O R D E R (ORAL)

20.08.2025

1. The petitioner herein has maintained the instant petition under Section 528

BNSS, invoking the inherent power of this Court and has sought the following

reliefs:-

i. The marriage of the res-1 with the petitioners son on 04.10.2014,
having been brought about by deceit, fraud, falsehood and
misrepresentation, may be declared as null and void, ab-initio.
ii. The false and fraudulent 488-application of res-1 pending in the
court of 4th Add. Session Judge (add. Judge Family court,
Srinagar) may be stayed and quashed.

iii. Res-1, her parents, brother may be booked prosecuted and
punished for the deceit, fraud, falsehood and misrepresentation.
iv. Contempt of court proceedings may be initiated against res-1 for
making a mockery law, court and judgement of the Hon’ble SC.

v. Res-1 may be directed to return the amount of about Rs.15 lakhs,
deceitfully extracted by her from the wife of the petitioner, with CI
at 20% calculated at monthly rests.

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CRM(M) No.450/2025 1
vi. Res-1 may be directed to return the cash, gold, goods and articles,
worth 72 lakhs, looted by her from the house of the petitioner on

02.06.2017 and 13.08.2017 with interest at 20% p.a.
vii. Disciplinary proceedings may be initiated against res-2 for:

not observing law;

making mockery law and process of law;

Writing false proceedings;

Directing non-applicant, on 14.06.2023, to arrange Rs. 2 lacs and
65 thousand, by begging, borrowing or stealing;

Arresting the non-applicant, in the court room on 10.06.2024, and
directing him to phone to his old and patient, mother in his home,
for fetching Rs.5 lakhs to him;

Failing to prosecute res-1 for filing, a false, fraudulent and
deceitful affidavit of her properties and assets, that also not
attested by a Magistrate, on 14.12.2021 (3 years and 10 months
after filing her application, when much waster had flown down
the river). Thereby making mockery of the Hon’ble SC judgement;
and rendering the court and its prestige, into a plaything;
Denying the petitioner to appear as attorney on non-applicant,
whereas allowing stranger pleaders to appear for res-1, when the
law is that the court could not allow pleaders to appear, for any
party before him, except parties in person and their private
attorneys;

For humiliating the petitioner on 04.04.2023 at about 4.15 p.m.,
for applying for certified copies;

For insulting and humiliating the petitioner on 27.09.2024, for
looking at the cause list, pasted outside the court office;
Treating the court and office as his private property and
forbidding the petitioner from entering the court room and to the
court office;

For not providing certified copies to the petitioner- attorney;
For not writing his name, date and th4e Name of his court,
underneath the certified copies;

For not writing the amounts paid by the petitioners’ wife on
account of so-called interim maintenance, in the proceedings of
the case, and presumably pocketing the amounts;
For not writing his name, date and court name while certifying
documents;

For not writing the names of the pleader, stranger or otherwise,
while allowing them to appear for res-1.

viii. Res-1 and her two brothers, Imran Khan and Irfan Khan, may be
directed to pay damages of Rs.20lakhs for breaking the car of the
petitioner’s son on 09.04.2017, for the car remaining in the
custody of police for more than 5 years now, where it has got
fully, decayed, rusted, and scrapped.

ix. Res-1, her parents and brothers may be directed to pay the costs
and damages of Rs. 100 crores, for the taxation and vexation,
harassment, torture, rancor, for all the 6 1/2 years, for the loss of
name and fame and loss of earnings from the land, caused to the
petitioner and his family.

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CRM(M) No.450/2025 2
x. Tehsildar Chanpora-Natipora, Srinagar may be directed to
release 31/2 Kanals of land, lying seized by him, some 5 years
back.

xi. The SHO Police Station, Chanpora, Srinagar. May be directed to
release the car of the non-applicant seized by him some 4 years
back, and the loss caused to the vehicle may be got apportioned
and fixed, and the vehicle may be got repaired.

xii. The res-1, her parents. Anwar Khan, Fatima Khan and brothers
Imran Khan and Irfan Khan may be directed to pay costs and
damages to the petitioner of Rs. 100 crores, for the vexation,
taxation, torture, stress and distress caused by them to the
petitioner and his family, by deceiving the petitioner and his
family, by deceiving the petitioner and his family in the fraudulent
marriage of res-1 with the petitioner’s son, criminally trespassing
into the house on 8th April 2017, threatening to kill the petitioner
in the evening of 8th April, 2017, breaking car on 9th April 2017,
making false reports to police that the petitioner and his family
had been demanding a car and a Bungalow from her and had
been torturing her on that score.

xiii. Res-1 may be directed to pay a sum of Rs. 20 crores for seeking
his confidential information from his parent college on
06.04.2018 and 29.10.2018, through illegal RTI applications.
xiv. Res-1 and her parents may be directed to pay 100 crores for
infringement of his fundamental right to privacy marred by res-1
on 02.06.2017, 13.07.2017, and 26.02.2018 and 26.02.2018.
xv. The DV Application of res-1, pending before Mobile Magistrate
(PT&E). Srinagar. May be stayed and dismissed with heavy costs
and penalties.

xvi. The parents of res-1, Anwar Khan and Fatima, R/o 12/667, Indira
Nagar, Munshi Pullia, Lucknow-226016. Mobiles Nos:

9697213669; 7006697234: 9451450728; 9450883476, may be
directed to pay an amount of 100 crores for the deceit, fraud,
falsehood and misrepresentation they played with the petitioner
and his family in getting their barren, divorced/deserted daughter
to marry the petitioner’s son on 04.10.2014, for not calling her
back after her divorce on 08.04.2017, and for letting her loose in
Srinagar to harass, terrorize, torture, humiliate, defame and harm
the petitioner and his family.”

2. The facts emerging from the record of the petition on the strength of which

the aforesaid reliefs have been sought by the petitioner herein are that in the year

2014, the respondent 1 herein got married to the Doctor son of the petitioner

through a marriage portal namely, jewansathi.com on 04.10.2014 solemnized in a

local Mosque in presence of the father and brothers of the respondent 1 herein and

that the respondent 1 herein was in fact a divorcee was concealed at the time of

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CRM(M) No.450/2025 3
marriage from the petitioner and his family and that in the said marriage an

amount of Rs.50,000/- was paid to the respondent 1 as Mehar through her father

including Rs. 10,000/- as gift besides ornaments, clothes and other gifts for an

amount of Rs. 5.00 lacs on the next day of marriage, i.e., the day of Walima and

that the parents of the respondent 1 herein even after performance of the said

marriage continued to stay in the petitioners house, however, soon after the

marriage, the respondent 1 herein started arguing and fighting with the petitioner’s

family and that the said marriage came to be dissolved by the petitioner’s son,

therefore, divorce on 08.04.2017, as the said marriage performed by respondent 1

herein with the son of the petitioner was fraud and an offence under Section 496

IPC and that the parents of the respondent 1 herein and her brothers also deceived

the petitioner, his wife and his son with whom respondent 1 herein got married and

that on account of the said fraud played upon the said son of petitioner herein got

depressed and dejected and though he was working as an Assistant Professor,

Pediatrics at SKIMS Medical College and Hospital (JVC), Srinagar, on account of

his said depression, he, the said son of the petitioner started receiving letters from

his employer seeking explanation and thereafter got suspended on 30th April, 2015

and that during the subsistence of the marriage of respondent 1 with his son for 2

½ years, the respondent 1 herein stole gold and cash from the house of the

petitioner herein and would take away the same to Lucknow and would stay there

for 2-3 months and in the process looted around 70.00 lacs from the house of

petitioner herein and deposited the same in the Bank at Lucknow, and that the

respondent 1 herein kept the petitioner’s son under threat, insisting that in the

event he would divorce her, she would get him eliminated by her brothers and that

on 8th April, 2017, the respondent 1 herein along with her two brothers barged

into the house of the petitioner herein and hurled threats upon him and his wife
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CRM(M) No.450/2025 4
while saying that “what urgency you have in going up-Tumhain ooper Janay ki

kaya jaldi hai,” and on the said date upon noticing the said conduct of respondent

1 and her brothers, the son of the petitioner herein pronounced Talak upon

respondent 1 herein whereafter on 09th April, 2017 respondent 1 along with her

brothers fled away from the house of the petitioner herein and after sometime,

some policemen/women of Police Station Women’s Wing Rambagh, came to the

petitioners house and took the petitioner’s son to the Police Station and upon

enquiry, the petitioner came to know that a complaint has been filed against his son

by the respondent 1 herein wherein it is alleged that the petitioner, his wife and

son has been demanding dowry, a car and a bungalow from the respondent 1

herein besides torturing her and although a complaint had been lodged also by the

petitioner herein at Police Station, Chanapora against the respondent 1 herein and

her brothers for having trespassed into the house of the petitioner on 8 th April,

2017 and breaking of the car by them on 09th April, 2017 and though thereafter her

brothers fled away from Srinagar, however, the respondent 1 stayed in the house of

the petitioner though she could not for having been divorced by the son of the

petitioner and continued to complain to the Police Station, Women’s Wing

Rambagh of her harassment by the petitioner and on 23 rd April, 2017, the

petitioner and his wife asked their son to leave the house and shift in some

alternate accommodation elsewhere, in furtherance whereof though the son of the

petitioner agreed to leave the house of the petitioner, the respondent 1 initially did

not leave the house of the petitioner, however, at about 7.00 PM, the respondent 1

left the house of the petitioner with two large attachés and stayed in a hotel-room

at Dalgate, obtained on rent by son of the petitioner and while staying in the said

hotel, the respondent 1 continued to harass the petitioner and his wife through the

intervention of the Women’s Police Station, Rambagh and that in the 1st week of
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CRM(M) No.450/2025 5
June, 2017, the petitioner’s son obtained on rent a flat at Hazratbal and shifted

there along with respondent 1 where the said son of the petitioner fell ill and got

admitted in Shere-e-Kashmir Institute of Medical Sciences, Soura, Srinagar, where

after the respondent 1 filed a complaint against the petitioner under Section 406

RPC in which complaint an enquiry was ordered by the Magistrate-being Forest

Magistrate, Srinagar and that on 13th August, 2017, the respondent 1 barged into

the house of the petitioner, along with three policemen, pursuant to some search

warrant issued by the said Forest Magistrate, Srinagar and looted cash, golden

ornaments and articles, amounting to Rs. 70.00 lacs from the house of the

petitioner where after the said articles came to be released in favour of the

respondent 1, whereupon the respondent 1 did not pursue the said complaint and

same got dismissed on 29th November, 2017 and that the respondent 1 on 26 th

October, 2017 yet again filed a complaint with State Women’s Commission,

Srinagar, against the petitioner, his wife and sons, where after on 4 th December,

2017, petitioner filed CRMC No.312/2017 before this Court, challenging the

complaint filed by the respondent 1 under Section 406 RPC and that on 16th

December, 2017, the petitioner sent a letter to respondent 1, telling her that she

stands divorced on 8th April, 2017, as such, she has no right to stay in the flat

obtained on rent by his son and that on 2 nd February, 2018, after ten months,

respondent 1 filed a maintenance petition under Section 488 Cr.P.C, before the

Mobile Magistrate (PT&E), Srinagar by suppressing true facts as the said

application could not have been filed by the respondent 1 as she was a divorcee

and under Muslim Personal Law not entitled to any maintenance after divorce, in

which maintenance proceedings, the son of the petitioner submitted written

statement consisting of 29 pages and that on 6 th April, 2018, the respondent 1 even

went to the College of the petitioner where he was working, being the Islamia
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CRM(M) No.450/2025 6
College, Srinagar and had retired from service thereof, by filing a RTI application,

seeking therein the personal and confidential information of the petitioner and

filed yet another application there in the said College on 29th October, 2018, where

after on 31 November, 2018, an application came to be filed by the respondent 1

before the SKIMS Medical College and Hospital, Bemina Srinagar for providing

the information pertaining to the salary/account of the son of the petitioner and that

in the meantime, a compliant as well came to be filed by the petitioner against the

respondent 1 for having trespassed into his house and that in the maintenance

proceedings filed by the respondent 1, an interim maintenance was granted to the

respondent 1 despite the fact that the respondent 1 was a divorcee and not only

that, the respondent 1 also filed a Domestic Violence case before the Mobile

Magistrate (PT&E) Srinagar, against the petitioner, his wife and his sons including

his daughter-in-law who is putting up outside Jammu and Kashmir for the last 18

years which Domestic Violence proceedings as well could not have been filed by

the respondent 1 being a divorcee Muslim wife and that the petitioner maintained

CRMC No. 489/2018 against the said maintenance proceedings filed by the

respondent 1 and impleaded not only the respondent 1 therein, in the said petition

but also the Mobile Magistrate (PT&E) Srinagar as respondent, in which petition,

this Court on 10th May, 2019, stayed the proceedings in the said Domestic

Violence case and that a complaint as well came to be filed by the petitioner

against Mr. O. P. Thakur, the then Presiding Officer of Judge Small Causes court

(JSC), Srinagar before the Chief Judicial Magistrate, Srinagar in which complaint

a report was sought by the Chief Judicial Magistrate, Srinagar from the said JSC

Court and that during the course of the proceedings before the JSC, Srinagar, on

26th April, 2019, the petitioner was kept in judicial lock-up, till 4.15 P.M., and that

the said case pending before the said court was however, withdrawn by the Chief
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CRM(M) No.450/2025 7
Judicial Magistrate and assigned to Mobile Magistrate (13th Finance Commission)

Srinagar and that the petitioner in the meantime, also filed CRMC No. 181/2019

before this Court, followed by a contempt petition No.841/2019, besides filing an

application under Section 430 IPC against the respondent 1 for having sworn a

false affidavit before the Principal District Judge, Srinagar which came to be

assigned to 2nd Additional Sessions Judge, Srinagar and that on 15 th June, 2019, a

charge sheet was filed by the Police Station Sadder against the petitioner’s son

before the 1st Additional Munsiff (Judicial Magistrate 1st class), Srinagar and that

on 29th October, 2019, an order was passed in CRMC No. 181/2019, seeking

status of the case pertaining to the maintenance proceedings filed by respondent 1

under Section 488 Cr.P.C., and despite the High Court being seized of the matter,

the said Mobile Magistrate (13th Finance Commission), Srinagar issued warrants

of arrest against the son of the petitioner for non-payment of the interim

maintenance followed by a direction upon the Tehsildar Chanapora for attaching

3 ½ Kanals of land of the petitioner for non-payment of said maintenance by the

son of the petitioner to the respondent 1 and thereafter passed order dated 14th

March, 2020 whereby the Tehsildar concerned was directed to auction 5 marlas

out of the said land, whereafter another warrant of arrest came to be issued by the

said Magistrate and seizure of the car of the petitioner’s son has also been ordered

being his moveable property which car upon being seized continues to remain in

the custody of Police Post Chanpora and that in the meantime, on 24th April, 2021,

the maintenance case filed by the respondent 1 came to be transferred to the

Family Court, Srinagar wherein the proceedings came to be conducted by the

Presiding Officer of the said court and that on 1 st June, 2021, without issuing a

notice in those proceedings, the said court issued non-bailable warrants against the

son of the petitioner and also made derogatory remarks in order dated 1 st June,
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CRM(M) No.450/2025 8
2020 against the petitioner while observing that the petitioner being the father of

the non-applicant is playing delay tactics in the case, as the petitioner herein is the

attorney of his son and has been appearing in the Family court on his behalf and

on account of the unwarranted conduct of the Presiding Officer of the Family

court, a complaint was filed by the petitioner before the Principal District Judge,

Srinagar in this behalf and instead of taking a action thereupon on the said

complaint, an FIR came to be lodged against the petitioner by the said Presiding

Officer on 17th June, 2021, alleging therein that the petitioner abused her and her

women staff in the court and that on 3rd July, 2021 under the instructions of the

said Presiding Officer, the petitioner came to be arrested by SHO Police Station,

Batamaloo and an FIR bearing No. 102/2021 was registered against the petitioner

and thereafter a charge sheet was filed and that in the maintenance proceedings, the

Family court on 13.10.2021 directed the son of the petitioner to pay Rs.2.00 lacs

to respondent 1 otherwise he would be sent to jail and that in the meantime, this

Court dismissed the aforesaid CRM (C) filed by the petitioner and even the

contempt proceedings came to be dismissed on 25 th May, 2022, while imposing

Rs. 25,000/- costs upon the petitioner, aggrieved whereof a Letter Patent Appeal

(LPA) being No. 137/2023 was filed and the same is pending disposal and that on

12th September, 2021, the respondent 1 herein presented the said judgment of this

Court whereby Rs. 25,000/- costs were imposed upon the petitioner before the

court below and the said amount of costs were paid by way of a cheque by the son

of the petitioner before the Family court and that not only the Family court but also

the court wherein Domestic Violence case is pending are improperly conducting

the proceedings which dejected the son of the petitioner and even made him to

lose faith in the Judges and that the petitioner also informed the court below that a

writ of quo warranto has been sought before the High Court in a writ petition
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CRM(M) No.450/2025 9
which petition however, came to be dismissed in limine with costs and that on 10th

June, 2024, the court below in the maintenance case got the son of the petitioner

arrested in the proceedings pending before the said court while directing him to

deposit Rs. 5.00 lacs as maintenance, payable to the respondent 1 herein, where

after Rs. 3.00 lacs were managed by the son of the petitioner and a cheque to the

tune of said amount was presented before the said court and that the respondent 1

herein has been illegally and unlawfully extracting money from the petitioner and

his wife pursuant to the cases filed by her before the courts below.

3. Upon coming the instant petition for consideration on 4 th August, 2025, and

having regard to the case setup by the petitioner herein in the instant petition, it

was deemed appropriate to summon the scanned record of both the cases filed by

the respondent 1 before the court below referred in the petition which record has

been received.

Heard the petitioner as also the respondent 1 who chose to appear of her own,
despite no notice have had been issued in the petition by this Court.

4. Before adverting to the case setup in the instant petition by the petitioner, it

would be appropriate to refer hereunder to the provisions of Section 528 BNSS

(previously Section 482 Cr.P.C.), and the principles of law laid down in regard to

its exercise in that the said provision has been invoked by the petitioner for

maintaining the instant petition.

Section 528 BNSS:-

“Nothing in this Sanhita shall be deemed to limit or affect the inherent
powers of the High Court to make such orders as may be necessary to
give effect to any order under this Sanhita, or to prevent abuse of the
process of any Court or otherwise to secure the ends of justice”.

The Apex Court in case titled Dhruram Murlidhar Sonar v. State of

Maharashtra (2019) 18 SCC 191 has held at paragraphs 8, 11 and 12 as under:-

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CRM(M) No.450/2025 10
“8. It is well settled that exercise of powers under Section 482 of the Cr.P.C. is
the exception and not the rule. Under this section, the High Court has inherent
powers to make such orders as may be necessary to give effect to any order under
the Code or to prevent the abuse of process of any court or otherwise to secure
the ends of justice. But the expressions “abuse of process of law” or “to secure the
ends of justice”

11. In State of Karnataka v. M. Devendrappa and Anr., (2002) 3 SCC 89, it was
held that while exercising powers under Section 482 Cr.P.C., the court does not
function as a court of appeal or revision. Inherent jurisdiction under the Section
though wide has to be exercised sparingly, carefully and with caution and only
when such exercise is justified by the tests specifically laid down in the Section
itself. It was further held as under:-

“It would be an abuse of process of the court to allow any action which would
result in injustice and prevent promotion of justice. In exercise of the powers
court would be justified to quash any proceeding if it finds that
initiation/continuance of it amounts to abuse of the process of court or quashing
of these proceedings would otherwise serve the ends of justice. When no offence is
disclosed by the complaint, the court may examine the question of fact. When a
complaint is sought to be quashed, it is permissible to look into the materials to
assess what the complainant has alleged and whether any offence is made out
even if the allegations are accepted in toto”

12. Recently, in Vineet Kumar and Ors. v. State of Uttar Pradesh and Anr. (2017)
13 SCC 369, this Court has observed as under:

“Inherent power given to the High Court under Section 482 CrPC is with the
purpose and object of advancement of justice. In case solemn process of Court is
sought to be abused by a person with some oblique motive, the Court has to
thwart the attempt at the very threshold. Judicial process is a solemn proceeding
which cannot be allowed to be converted into an instrument of oppression or
harassment. When there are materials to indicate that a criminal proceeding is
manifestly attended with mala fide and proceeding is maliciously instituted with
an ulterior motive, the High Court will not hesitate in exercise of its jurisdiction
under Section 482 CrPC to quash the proceeding. The present is a fit case where
the High Court ought to have exercised its jurisdiction under Section 482 CrPC
and quashed the criminal proceedings”.

It needs to be noted here that the inherent power under Section 528 BNSS has been

vested in this Court with the purpose and object of advancement of justice yet the

said power cannot be said to be conferring an unlimited and unguided power and

cannot be exercised upon mere asking by a party.

5. Perusal of the case setup by the petitioner in the instant petition on a careful

examination thereof does not anywhere suggest that the petitioner has alleged that

any order passed under BNSS has necessarily to be given effect to or that there has

been an abuse of the process of the court at the hands of respondent 1 herein or that

the exercise of power for securing the ends of justice is necessary.

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CRM(M) No.450/2025 11
The petitioner seemingly is aggrieved rather offended by the cases instituted

by the respondent 1 herein arising out of her matrimonial life with the son of the

petitioner in particular and the family of the said son of the petitioner including the

petitioner herein, and also seemingly is unhappy with the conduct of proceedings

therein the said cases and orders passed therein. The petitioner instead of taking

recourse to appropriate remedies against said proceedings and orders passed

therein has chosen to maintain the instant petition ex-facie as tool to pressurize the

respondent 1 as also the Judicial Officers/Magistrates who have had either dealt

with the said cases or who are now dealing with the same. Thus, it can safely be

said that the instant petition is not less than a deliberate and intentional attempt of

the petitioner to abuse the process of law and defeat the ends of justice. Besides,

the reliefs sought in the petition are also incapable of being granted in exercise of

inherent power of this Court. It has also been noticed from the record made

available by the Registry that the petitioner has already instituted a suit for

damages as attorney of his son against the respondent 1 herein having claimed

Rs.20.00 crores from the respondent 1 herein almost on same set of facts and

allegations on which the petitioner herein has maintained the instant petition. The

said suit is pending before the Court of 1st Additional District Judge, Srinagar, and

the next date has been fixed therein on 22.08.2025.

6. Accordingly, the instant petition is found grossly misconceived and is

dismissed along with CrlM(s).

(JAVED IQBAL WANI)
JUDGE
SRINAGAR
20.08.2025
“Ab. Rashid”

                                  Whether the order is speaking:         Yes
                                  Whether the order is reportable:       Yes

_____________________________________________________________________________________
Abdul Rashid Ganaie
I attestCRM(M) No.450/2025
to the accuracy and 12
authenticity of this document
:29.08.2025 10:08