Court Exercises Restraint Under Bharatiya Nyaya Sanhita, 2023; Quashes FIR Registration Pending Further Objections
In a significant judgment delivered on September 14, 2026, the Jammu & Kashmir and Ladakh High Court, presided over by Mr. Rahul Bharti, J., exercised judicial restraint and directed a stay on the investigation of an FIR registered under the Bharatiya Nyaya Sanhita (BNS), 2023. The FIR, lodged by Guftar Ahmed against his wife Shazia Kouser and her sister, accused them of unlawfully terminating a pregnancy without the husband's consent.
The FIR No. 0072, dated August 18, 2026, was registered at Police Station Manjakote on the very day the complaint was lodged, raising concerns about the absence of preliminary scrutiny by the police before registration. The petitioners contended that the FIR was registered hastily without examining the veracity and nature of allegations, invoking the inherent powers of the High Court under Section 528 of the BNS, 2023 to seek its quashment.
The Court observed that the tone and substance of the FIR did not inspire confidence in the narrative presented by the complainant. Relying on precedents set by the Supreme Court in Neethu A.M. v. State of Kerala and A (Mother of X) v. State of Maharashtra & Anr., the Court underscored the necessity for circumspection in registering FIRs in sensitive matters such as alleged termination of pregnancy.
After hearing the learned counsel for the petitioners, Mr. Irfan Khan, the Court found a prima facie case for exercising restraint and stayed the investigation pending receipt of objections from the respondents. Notices were issued to all parties, with the next hearing scheduled for October 23, 2026.
This judgment highlights the judiciary's cautious approach in criminal matters involving personal and sensitive issues, ensuring that allegations are not acted upon precipitously without thorough examination. It also reflects the application of newly enacted provisions under the Bharatiya Nyaya Sanhita, 2023, emphasizing the protection of individual rights while balancing the interests of justice.
Bottom Line:
Exercising circumspection and restraint in FIR registration for alleged termination of pregnancy without consent under Bharatiya Nyaya Sanhita, 2023.
Statutory provision(s):
Bharatiya Nyaya Sanhita, 2023 Sections 88, 126(2), 351(2), 352, 3(5), 528
Shazia Kouser v. UT of J&K, (J&K) : Law Finder Doc Id # 2981966
