Jammu & Kashmir High Court – Srinagar Bench
Nighat Khuroo And Anr vs Union Territory Through Police Station … on 25 February, 2026
Author: Rahul Bharti
Bench: Rahul Bharti
163
Suppl- I
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
CRM(M) 73/2026 CM(178/2026).
Nighat Khuroo And Anr.
...Applicant(s)/Petitioner(s)
Through: Mr. Z. A. Qureshi, Senior Advocate with
Ms. Rehana Fayaz, Advocate.
VERSUS
Union Territory Through Police Station Batmaloo And Anr.
...Respondent(s)
Through: Ms. Maha Majeed, Assisting Counsel vice
Mr. Mohsin S. Qadri, Senior AAG.
Ms. Masooda Jan, Senior Advocate with
Ms. Nazima Yaqoob, Advocate.
CORAM:
HON'BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
ORDER
25.02.2026
01. Heard Mr. Z. A. Qureshi, learned Senior Advocate assisted by
Ms. Rehana Fayaz, learned Advocate appearing for the petitioners.
02. The petitioner No. 1 is the sister of the petitioner No. 2. The
petitioner No. 2 is said to be married to the respondent No. 2
03. The matrimony between the petitioner No. 2 and the
respondent No. 2 which took place on 31.07.2011 has brought
more marital woes than marital vows between the two, given the
long list of criminal cases leashed and unleashed against each other
reckoning right from 2011 onwards.
04. The below enlisted FIRs and the criminal cases related
therewith would show the backdrop in which the two petitioners
have come up with the present petition under section 528 of
Bharatiya Nagarik Suraksha Sanhita (BNSS), 2023 thereby invoking
the inherent powers of this Court for seeking quashment of latest
FIR which have come to implicate the petitioners in the alleged
commission of offences with respect to the respondent No. 2:
i. FIR No. 41/2011 by Police Station Rambagh, Srinagar for
commission of offences under sections 498-A, 406 and 109
RPC;
ii. FIR No. 233/2012 for alleged commission of offences under
sections 315, 420 and 109 RPC;
iii. FIR No. 40/2013 of Police Station Maisuma under sections
341, 354, 506 and 323 RPC;
iv. FIR No. 160/2013 of Police Station Parimpora for
commission of offences under sections 365, 307, 342, 511
and 427 RPC got registered by Mohammad Yaqoob Khan-
father of the respondent No. 2
v. FIR No. 181/2014 of Police Station Parimpora for offences
under sections 509, 506 and 503 RPC
vi. FIR No. 26/2015 by Police Station Nowhatta for
commission of offences under sections 341, 354 RPC
registered by Rafiqa Banoo, the mother of respondent No. 2.
vii. FIR No. 155/2019 by Police Station Safa Kadal under
sections 354, 384 and 506 IPC.
viii. FIR No. 347/2019 by Police Station Parimpora for offences
under sections 452, 354 and 506 IPC.
ix. FIR No. 56/2025 by Police Station Parimpora for
commission of offences under sections 77(Voyeurism),
351(2) (Criminal Intimidation) of Bharatiya Nyaya Sanhita(BNS), 2023.
05. In the aforesaid list of FIRs, some of the FIRs against the
petitioner No. 2, the petitioner No. 2 is said to have earned acquittal,
whereas some of them have been closed and in some cases trial is
going on.
06. Likewise, in the FIRs which the petitioner No. 2 has got
registered against the respondent No. 2, the trial is also said to be
going on.
07. Be that as it may, the latest FIR to join this long line of FIRs is
FIR No. 12/2026 registered by the Police Station Batmaloo,
Srinagar at the instance of the respondent No. 2 naming two
petitioners as accused with purported reference to an incident dated
02.02.2026 which is said to have been taken place in the Court
Premises, Srinagar, when the two petitioners are alleged to have
attacked the respondent No. 2 in order to kill her in the presence of
Public and, in the process snatched a golden chain.
08. The commission of offences alleged against the two petitioners
in FIR No. 12/2026 is under section 74 (Assault or Use of criminal
force to woman with intent to outrage her modesty), 304
(Snatching), 126(2) (Wrongful restraint) and section 115 (Voluntarily
causing hurt) of Bharatiya Nyaya Sanhita (BNS), 2023.
09. Mr. Z. A. Qureshi, learned Senior Advocate, the arguing
counsel for the petitioners submits that the respondent No. 2 has
perfected the ploy of “Crying Wolf” and, as such, is bent upon to
torment the petitioners on one false pretext or other and on filmsy
accusations stretching herself to the extent of being mala fide both
in law and on facts.
10. Prima facie case made out.
11. Issue notice to the respondents.
12. Notice on behalf of respondent No. 1 is accepted by Ms. Maha
Majeed, learned Assisting Counsel to Mr. Mohsin S Qadri, learned
Senior AAG.
13. Notice to go to only respondent No. 2.
14. Notice in CM No. 178/2026 also.
15. Petitioners to furnish registered postal cover by or before 15th
March, 2026 whereupon notice to go to respondent No. 2 only.
16. In the meantime, further investigation in the matter related to
the FIR No. 12/2026 of Police Station Batmaloo, Srinagar shall
remain stayed.
17. List on 30th March, 2026.
(RAHUL BHARTI)
JUDGE
SRINAGAR
25.02.2026
Bisma Jan.