Court questions FIR narrative; investigation stayed pending further hearing
JAMMU, SEPTEMBER 19: The High Court of Jammu & Kashmir and Ladakh at Jammu has ordered a stay on the investigation into an FIR registered against a woman following a complaint by her husband, who alleged that she terminated her approximately five-month pregnancy without his consent, allegedly with the assistance of her sister.
Justice Rahul Bharti passed the interim order while hearing a petition filed by the woman and her sister challenging the FIR and the criminal proceedings initiated against them.
According to the allegations forming the basis of the FIR, the complainant-husband alleged that his wife had terminated a pregnancy of around five months, which he claimed was conceived from him, without obtaining his consent. The woman’s sister was also accused of assisting her in the alleged termination and was subsequently implicated as an alleged abettor.
The Court took note of the circumstances surrounding registration of the FIR and observed that the husband had approached the concerned police station, following which the case was registered on the same day.
Justice Bharti observed that there appeared to be no intervening period during which the police could examine or assess the nature of the allegations before registering the FIR.
While considering the material placed before it, the Court remarked that the “tone and tenor” of the contents of the FIR, on the face of it, did not inspire confidence in the narrative put forward by the complainant.
During the proceedings, Advocate Irfan Khan, appearing for the petitioners, placed reliance on judgments of the Supreme Court, including Neethu A.M. v. State of Kerala and A (Mother of X) v. State of Maharashtra & Anr., in support of the petitioners’ case.
After considering the submissions, the High Court found that a prima facie case had been made out and issued notice to the respondents.
As an interim measure, the Court directed that the investigation into the FIR shall remain stayed, subject to the objections and response of the other side.
The High Court has now listed the matter for further hearing on October 23, 2026.
The interim order is subject to further proceedings before the Court, and the allegations contained in the FIR remain matters for judicial consideration.(KNC)
