Jammu & Kashmir High Court – Srinagar Bench
Abid Shamas vs Union Territory Of J&K And Another on 4 July, 2026
Serial No.99
Supplementary Cause List-I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) 438/2026
CrlM(1002/2026)
Abid Shamas. ...Petitioner(s)
Through: Mr. Shariq J. Reyaz, Advocate with
Ms. Safa, Advocate.
Vs.
Union Territory of J&K and Another. ...Respondent(s)
Through:
CORAM: HON'BLE MR. JUSTICE SHAHZAD AZEEM, JUDGE.
ORDER
04.07.2026
01. The petitioner has called in question the First Information
Report (FIR) No. 0034 of 2026 registered on 30th June, 2026 by the
Police Station Sher Garhi, Srinagar, at the instance of the
respondent No. 2 (wife) under Section 85 of the Bharatiya Nyaya
Sanhita, 2023.
02. The main contention of the learned counsel for the
petitioner is that there is a long-drawn litigation between the
petitioner (husband) and the respondent No. 2 (wife). It is further
submitted that on an earlier occasion also, on the basis of a
complaint filed by the respondent No. 2, a preliminary inquiry
was conducted, and it was found that there is matrimonial discord
between the parties and that commission of no cognizable offence
was made out. It is contended that in order to harass the petitioner
repeatedly, the respondent No. 2 has resorted to multiplicity of
litigation in the shape of complaints, therefore, the same is an
abuse of process of law.
03. Prima facie case for interference is made out.
04. Issue notice to the respondents in the main petition as
well as in the connected CrlM, returnable within a period of four
weeks. Requisites for service within one week.
05. List on 7th August, 2028.
06. In the meantime, subject to objections from the other side
and till the next date of hearing before the Bench, the investigation
in First Information Report (FIR) No. 0034 of 2026, shall stay.
(SHAHZAD AZEEM)
JUDGE
SRINAGAR:
04.07.2026
“Hamid”\Abdul Hamid Bhat
I attest to the accuracy and
authenticity of this document04.07.2026
