Srinagar: Refusing to quash an FIR in an alleged abduction case, the High Court of Jammu & Kashmir and Ladakh has directed police to complete investigation into the circumstances under which a 23-year-old Baramulla woman, who alleges she was forced into marriage with a local man on April 7, 2025, later allegedly married a Delhi resident on May 28, 2025, while her first marriage was still subsisting.
Holding that the rival claims regarding the two marriages and the woman’s (name withheld) departure from her matrimonial home raise disputed questions of fact, the court said these can only be resolved through a proper police investigation.
It also directed that her statement be recorded at a place where she feels safe.
Justice M.A. Chowdhary dismissed a petition filed by the woman and Delhi resident Nikhil Chokker, who had sought quashing of FIR No. 31/2025 registered at Police Station Panzalla, Baramulla, under provisions of the Bharatiya Nyaya Sanhita relating to abduction and abetment.
The petitioners had also sought quashing of non-bailable warrants issued against Chokker and requested police protection for the woman in New Delhi.
According to the petition, the woman had travelled to Delhi in December 2024 to pursue a computer course, where she came into contact with Chokker. She alleged that after returning to Kashmir for Eid, her family opposed their friendship because they belonged to different religions.
She claimed she was assaulted, threatened and compelled to marry one Danish Khan against her wishes on April 7, 2025.
The petition further stated that after the marriage, she was subjected to continued intimidation and escaped from her matrimonial home on May 25, 2025 with the assistance of two local friends.
She travelled to Srinagar Airport, flew to Delhi and was received there by Chokker. She maintained that she had not been abducted by anyone and had travelled to Delhi voluntarily.
The complainant, Abdul Aziz Khan, father of Danish Khan, opposed the petition, maintaining that the woman was legally married to his son and had been abducted from her matrimonial home with the help of two local men allegedly acting at the instance of Chokker.
The police also opposed quashing of the FIR, stating that the investigation had revealed the alleged involvement of facilitators, and that the probe had remained stalled due to an interim stay granted by the High Court.
During the proceedings, the woman’s statement was recorded virtually before the Registrar Judicial. She reiterated that she had left of her own free will, and did not wish to return to Kashmir because of apprehensions for her safety, and wanted a divorce from Danish Khan.
The High Court also took note of documents produced by the complainant, including an Arya Samaj marriage certificate and photographs indicating that the woman and Chokker had allegedly solemnised a marriage in Delhi on May 28, 2025 while her earlier marriage was still subsisting.
Observing that the complaint did not appear to be an abuse of the legal process, the court held that the allegations required a thorough investigation. It noted that issues relating to the alleged enticement of a married woman and the alleged second marriage during the subsistence of the first marriage required examination during investigation.
Dismissing the petition, the High Court vacated the interim stay on the investigation, allowing the police to resume the probe while directing that the woman’s statement be recorded at a place where she feels secure, in accordance with law.
