Disposed¶20

Bilkees Jan Alias Kulsum and Anr. v. Union Territory through Police Station Kunzar and Anr. (Home Department)

J&K HC2 Dec 2025CRM(M)/342/2022

Case brief

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What is this about?

Bilkees Jan alias Kulsum and another v. Union Territory through Police Station Kunzar and another; CRM(M) 342/2022; FIR No. 91 of 2022; Section 366 IPC; Police Station Kunzar, Tangmarg; marriage of free will; prosecutrix aged 19 years; statement before Judicial Magistrate 1st Class, Tangmarg; investigation closed as 'not admitted'; petition rendered infructuous and disposed of; Sanjay Dhar, Judge; decided 02-12-2025; Srinagar.

What did the court decide?

In view of the closure of the investigation as 'not admitted' on the basis of the prosecutrix's statement, nothing survives for further adjudication; the petition is rendered infructuous and is disposed of. ¶20

Bilkees Jan Alias Kulsum and Anr. Vs Union Territory through Police Station Kunzar and Anr. (Home Department) — J&K HC (2025) — LawSathi Research

¶1

Serial No. 25 Reg Cause List.

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HIGH COURT OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR

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CRM(M) 342/2022 CrlM(1006/2022) CrlM(376/2025).

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BILKEES JAN ALIAS KULSUM AND ANR.

…Petitioner (s)

Through: None.

VERSUS

UNION TERRITORY THROUGH POLICE STATION KUNZAR AND ANR.

¶9

Through: Mr. Hakim Aman Ali, Dy. AG.

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…Respondent(s)

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CORAM:

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HON’BLE MR. JUSTICE SANJAY DHAR, JUDGE.

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ORDER

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02-12-2025

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The petitioners have challenged FIR No. 91 of 2022 for commission of offence under Section 366 of the Indian Penal Code (IPC) registered with Police Station Kunzar, Tangmarg.

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In the petition, it has been submitted that the petitioners have entered into wedlock out of their own free will and volition, and that both of them have attained the age of majority. It has been further submitted that the family of Petitioner No. 1 is not happy with the said marriage, as a result of which Respondent No. 2, who happens to be the mother of Petitioner No. 1, has lodged the impugned FIR. The petitioners have also placed on record a copy of the Nikahnama as well as a copy of the Marriage Agreement.

¶17

The Investigating Agency, in its Status Report, has stated that during the investigation of the case, the statement of the prosecutrix was recorded before

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the Court of Judicial Magistrate 1st Class, Tangmarg. A copy of the said statement has been placed before the Court. As per the said statement, the prosecutrix has disclosed her age as (19) years and has stated that she has entered into wedlock with Petitioner No. 1 out of her own free will and volition, and that both of them are living together as wife and husband.

¶19

On the basis of the statement of the prosecutrix, the Investigating Agency has closed the investigation of the case as “not admitted”.

¶20

In view of the above, nothing survives for further adjudication in the present petition. Accordingly, the petition is rendered infructuous and is disposed of.

¶21

(Sanjay Dhar)
Judge
SRINAGAR
02-12-2025
Showkat Khan

Bilkees Jan Alias Kulsum and Anr. v. Union Territory through Police Station Kunzar and Anr. (Home Department)

Case brief

What is this about?

What did the court decide?

Bilkees Jan Alias Kulsum and Anr. v. Union Territory through Police Station Kunzar and Anr. (Home Department)

Case brief

What is this about?

What did the court decide?

What the court decided

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Procedural history

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