Jammu & Kashmir High Court
Nazir Hussain And Others vs Ut Of J&K And Others on 19 June, 2025
S.No. 01
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT JAMMU
Case No.:- Bail App No. 172/2025 c/w
CRM (M) No. 555/2025
Nazir Hussain and others .....Petitioner(s)/Appellant(s)
Through: Mr. A.P. Malik, Advocate
Vs
UT of J&K and Others ..... Respondent(s)
Through: None.
CORAM: HON'BLE MR. JUSTICE SANJAY PARIHAR, JUDGE
ORDER
19.06.2023
1. Petitioner Nos. 1 and 2 happen to be in-laws of the complainant,
whereas petitioner nos. 3 and 4 are her husband and co-wife of
petitioner no. 3. According to the petitioners, since petitioner no. 4 did
not bear a child, so it was at her instance that she got her husband
(petitioner no. 3) to enter into second marriage with the complainant
with a hope that the two will get a child who would succeed to the
heirship of the family. It is alleged that after the solemnization of
second marriage, the relationship between parties remained cordial, but
with the passage of time, the complainant started quarreling with the
petitioners on petty issues and even started blackmailing her husband
and demanding talaq and payment of lakhs of rupees. When they
refused, she left the matrimonial home and has been filing false cases
and one of the cases she had filed at Shopian.
2. The petitioner no. 3 had been asking her to mend her ways and with
the intervention, compromise arose between the petitioner no. 3 and
the complainant. The petitioners have come to know that she has filed
an FIR against them with Police Station, Rajouri for alleged
2 Bail App No. 172/2025
commission of offences punishable under Sections 115(2), 127(2), 108
of the BNS 2023.
3. It is submitted that petitioners are innocent and that petitioner no. 1 and
2 are old age parents who are being subjected to harassment.
4. The averments are made on affidavit. The Court has also gone through
the FIR. Prima facie, case for consideration is made out to the extent
of petitioner nos. 1 and 2 only at this stage.
5. Heard. Issue notice to the respondent, to show cause in this case and to
file police report. Requisite steps be taken by the petitioners within one
week
6. List on 23.07.2025.
7. In the meanwhile, in the event of petitioner nos. 1 and 2 being arrested
on the strength of aforesaid FIR, they shall be released on bail, to to
the satisfaction of I.O. As regards petitioner nos. 3 and 4, their bail
plea is deferred for consideration post filing of report.
(Sanjay Parihar)
Judge
JAMMU
19.06.2023
Manik