J&K&L High Court Quashes Dowry Case, Says Allegations Of FIR Being Registered Due To Influence By Wife's Ex-Cop Father Were Not Rebutted
The Jammu and Kashmir & Ladakh High Court while quashing a dowry harassment FIR said that case appeared to have been initiated under the influence of the wife's father, a retired police officer, who allegedly pressured police officials into registering the complaint despite initial reluctance.The petitioners had submitted that father of the complainant, a retired Police Officer used...
The Jammu and Kashmir & Ladakh High Court while quashing a dowry harassment FIR said that case appeared to have been initiated under the influence of the wife's father, a retired police officer, who allegedly pressured police officials into registering the complaint despite initial reluctance.
The petitioners had submitted that father of the complainant, a retired Police Officer used his influence by writing a letter to SP Udhampur to take necessary action, as a result of which, impugned FIR came to be registered, despite earlier reluctance by SHO on account of delay in getting the FIR registered.
A bench of Justice Rajesh Sekhri observed that “In the circumstances, allegations of the petitioners that impugned FIR came to be registered and charge sheet came to be presented by the official respondents, within five days of registration of FIR with the influence of father of the complainant, a retired police officer, remains unrebutted and amounts to admission on their part…”
The Court also found the allegations in the FIR to be vague, generalized, and lacking specific dates or detailed narration of alleged harassment.
It further pointed out contradictions in the complainant's various statements and noted that her earlier complaint under the Domestic Violence Act made no mention of dowry demands, unlike the later FIR.
The Court was also surprised by the unusually swift police action. The FIR was filed on 05.11.2024 and within just five days, the final report was submitted.
Holding that the complaint was likely motivated by “ulterior motive to feed fat the grudge”, the Court concluded that the case amounted to an abuse of the criminal justice system. It thus quashed the FIR, charge sheet, and order of cognizance.
The court said that the present petition is allowed and the impugned FIR, charge sheet, and order of cognizance .are quashed.
The case stemmed from an FIR dated 05.11.2024, alleging that the complainant was abused and beaten on the night of 19.03.2024 and thrown out of her matrimonial home.
However, the Court noted that the FIR and subsequent statements "do not disclose the commission of any offence against the petitioners" and that the allegations were “vague and omnibus” without any specific time, date, or details.
APPEARANCE:
Case-Title: Usha Kiran and anr. Vs UT of J&K, 2025
Ashish Singh Kotwal, Advocate For Petitioners
Sumeet Bhatia, GA for R-1 Mr. Sandeep Singh, Advocate for R- 2 & 3.