Nighat Khuroo And Anr vs Union Territory Through Police Station … on 25 February, 2026

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    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

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                                                                      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

    SPONSORED

    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.



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