The High Court of Jammu and Kashmir and Ladakh has issued a stay on criminal proceedings related to a First Information Report (FIR) filed against a woman accused of terminating her pregnancy without her husband’s consent. Justice Rahul Bharti delivered the interim order following a petition from the accused, which includes both the wife and her sister.
Legal Context and Allegations
The FIR, lodged by the husband, accuses the women of terminating a 4–5-month pregnancy, allegedly with the sister’s help. The charges reference several provisions of the Bharatiya Nyaya Sanhita (BNS), 2023, including Section 126(2) for wrongful restraint or confinement, Section 88 concerning causing miscarriage, Section 351(2) for criminal intimidation, Section 352 for intentional insult intending to provoke a breach of peace, and Section 3(5) for common intention.
Court’s Observations
Justice Bharti, in his order dated September 14, expressed skepticism regarding the credibility of the allegations, noting that the FIR’s narrative did not appear convincing at first glance. “The tone and tenor of the contents of the FIR on the face of it do not inspire confidence about the narrative being set up by the respondent No. 3 (complainant-husband) against the petitioner No. 1 (complainant’s wife/ accused),” remarked the Court.
The Court also observed that the FIR was filed hastily, on the same day the husband lodged his complaint, leaving inadequate time for the station house officer (SHO) to thoroughly investigate the allegations.
Next Steps in Legal Proceedings
Recognizing a prima facie case, the High Court has requested responses from both the State and the complainant. Meanwhile, the investigation related to the FIR has been stayed, pending any objections from the opposing parties. The case is scheduled for further consideration on October 23, 2026.
Advocate Irfan Khan has been representing the accused women in this matter.
