SRINAGAR: The High Court of Jammu Kashmir and Ladakh has stayed the investigation into an FIR registered at Manjakote police station against a woman and her sister over allegations that the woman terminated a four-to-five-month pregnancy without her husband’s consent.
Justice Rahul Bharti passed the order on September 14 while hearing a petition filed by Shazia Kouser and another person seeking quashing of FIR No. 0072/2026, registered on August 18 under Sections 126(2), 88, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023.
The court noted that the complainant, Guftar Ahmed, who is the husband of petitioner No. 1, approached Manjakote police station and got the FIR registered on the same day. The allegations included that his wife had terminated a pregnancy conceived from him without his consent.
The second petitioner, who is the sister of the woman, has been accused of abetting the alleged offence.
Justice Bharti observed that the contents of the FIR, on their face, did not inspire confidence in the narrative put forward by the complainant. The court also noted the petitioners’ reliance on Supreme Court judgments in Neethu A.M. vs State of Kerala and A (Mother of X) vs State of Maharashtra & Anr.
“Prima facie case made out,” the court said while issuing notice to the respondents in the main petition and the connected application.
The court directed that notice to Guftar Ahmed be served through the Station House Officer of Manjakote police station, while the government accepted notice on behalf of the other respondents.
The High Court ordered that the investigation in FIR No. 0072 dated August 18, 2026, would remain stayed in the meantime. It clarified that the order was subject to objections from the other side.
The matter has been listed for further hearing on October 23, 2026.
