SALEEM AHMED Vs. STATE OF J&K
LAWS(J&K)-2020-9-33
HIGH COURT OF JAMMU AND KASHMIR
Decided on September 22,2020

SALEEM AHMED Appellant
VERSUS
STATE OF JANDK Respondents




JUDGEMENT

Rajnesh Oswal, J. - (1.)By the medium of this petition, petitioners seek quashing of FIR No. 218/2018 dated 29.09.2018 registered with Police Station Surankote for commission of offence under sections 363, 511 and 109 RPC against the petitioners. It is stated that one person, namely, Zaffar Iqbal was having love affair with the daughter of the complainant and she out of her free will went away with the said person in the night intervening 2nd and 3rd of September, 2018.
(2.)The families of both the complainant and the Zaffar Iqbal made efforts to search both of them on 03.09.2018. Both these persons were found in the nearby vicinity. On 04.09.2018 both the families and other residents of the area convened a meeting and resolved the issue amicably whereby the families of both boy and girl have sworn in affidavits that they would not lodge any criminal case against each other. It is further pleaded that the complainant on being guided by person having vested interest to extract money from the petitioners, filed an application under section 156(3) Code of Criminal Procedure (Cr.P.C.) before the court of Sub Judge, Surankote on 20.09.2018 alleging therein that in the night intervening 2nd -3 rd of September, 2018 the daughter of the complainant was kidnapped by Zaffer Iqbal with the connivance of as many as ten other persons. It was further alleged in the said application that on 12.09.2018 the persons arraigned as accused in the said application including the petitioners made an abortive attempt to again kidnap the daughter of the complainant but could not succeed. The matter was reported to the police on 13.09.2018 but no action was taken on it and accordingly, complainant invoked the provisions of section 156(3) Cr.P.C. The learned Magistrate, Surankote on 20.09.2018 forwarded the said application to the SHO of Police Station, Surankote. It is pleaded by the petitioners that the respondents without conducting the preliminary investigation to verify the allegations as alleged in the complaint, in total arbitrary manner registered the FIR that is impugned in this petition. It is further stated that the statement of the prosecutrix was recorded before the learned Sub Judge, Surankote on 10.10.2018. She has stated that in the night intervening 2nd -3 rd of September, 2018 she was kidnapped by Zaffer Iqbal, Yaser Iqbal, Riaz Ahmed and Parvej Ahmed. She further alleged that she was taken in the Tata Sumo vehicle and was taken to a school where she had alleged to have been raped by Zaffer Iqbal and other persons were present. She further alleged in her statement that the petitioners herein were alleged to be speaking on phone with the persons present in the room.
(3.)The petitioners have sought quashing of the FIR on the grounds, firstly, that the FIR is liable to be quashed as the story projected in the FIR is in contrast to the statement made by the prosecutrix before the learned Magistrate under section 164-A Cr.P.C. Secondly, that the impugned FIR is bad in law inasmuch as it has been lodged after 20 days from the date of alleged occurrence i.e. in the night intervening 2nd -3 rd September, 2018 and thirdly, that none of the ingredients of sections 363, 511 and 109 RPC are present and the involvement of the petitioners is only to extract money from the petitioners.
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