Court Upholds FIR Against Petitioners in Alleged Abduction and Bigamy Case, Orders Investigation with Safeguards for Alleged Victim's Safety
In a significant ruling, the Jammu and Kashmir High Court, under the bench of Mr. M. A. Chowdhary, J., has dismissed a petition filed by Ruksana Bano and another seeking the quashing of FIR No. 0031 of 2025. The FIR, registered on May 25, 2025, at Police Station Panzalla, pertains to the alleged abduction of Ruksana Bano and her subsequent marriage during the subsistence of her earlier marriage.
The petitioners had contended that the FIR was frivolous and an abuse of legal process, claiming that Ruksana had not been abducted but had voluntarily left her matrimonial home due to coercion into a marriage she did not consent to. Ruksana, who had relocated to Delhi, asserted that she had not been kidnapped and was residing in Delhi of her own volition.
The case revolves around the allegations made by Abdul Aziz Khan, Ruksana's father-in-law, who claimed that Ruksana, his daughter-in-law, was abducted and forced into a second marriage with the petitioner No. 2, while still legally married to his son, Danish Khan. The FIR charged offenses under Sections 87 and 49 of the Bharatiya Nyaya Sanhita, 2023, equivalent to abduction and criminal intimidation under the Indian Penal Code.
The court, after examining the evidence, noted that the FIR did not suffer from any infirmity and emphasized that enticing a married woman for illicit purposes and engaging in bigamy are recognized offenses under the new Bharatiya Nyaya Sanhita, 2023. The judgment referenced a Himachal Pradesh High Court ruling which stated that judicial sanctity cannot be accorded to adulterous relationships.
While dismissing the petition, the court directed the Investigating Agency to conduct the investigation with due regard for the safety of Ruksana, ensuring that her statement is recorded at a location where she feels secure. The court also lifted the stay on the investigation, allowing law enforcement to proceed with the case to uncover the truth.
This judgment underscores the court’s commitment to uphold legal processes and prevent the abuse of laws, while also ensuring the safety and rights of individuals involved in such sensitive cases. The decision to allow the investigation to continue, with safeguards for the alleged victim, reflects a balanced approach to both uphold justice and protect individual rights.
Bottom line:-
Quashing of FIR - Alleged abduction of a married woman who later entered into a second marriage during the subsistence of her first marriage - FIR does not suffer from infirmity - Investigation to continue with appropriate safeguards for the alleged abductee's safety.
Statutory provision(s): Bharatiya Nyaya Sanhita, 2023 Sections 82, 84, 87, Bharatiya Nagarik Suraksha Sanhita, 2023 Section 528
