The Jammu & Kashmir and Ladakh High Court at Jammu has stayed investigation into an FIR registered against a woman and her sister over allegations concerning termination of a pregnancy. Justice Rahul Bharti passed the order while hearing a petition seeking quashing of FIR No. 0072/2026 registered at Police Station Manjakote.
The FIR was registered on August 18, 2026, on the complaint of the woman's husband. The allegations invoked Sections 126(2), 88, 351(2), 352 and 3(5) of the Bharatiya Nyaya Sanhita, 2023.
The petitioner No. 1 is the wife of the complainant, while petitioner No. 2, her sister, was alleged to have acted as an abettor. According to the allegations recorded in the order, the wife had allegedly terminated a pregnancy of four to five months conceived from her husband without his consent.
Justice Rahul Bharti questioned whether the police had exercised sufficient caution before registering the FIR on the very day the complaint was made. The Court noted that there appeared to have been no intervening time for the Station House Officer to examine the nature of the allegations.
The Court further observed,
"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 against the petitioner No. 1."
The Court also noted that the petitioners relied upon Supreme Court decisions in Neethu A.M. v. State of Kerala and A (Mother of X) v. State of Maharashtra & Anr.
Finding a prima facie case, the High Court issued notice to the respondents and directed that notice to the complainant be served through the concerned police station.
The matter has been listed for October 23, 2026. In the meantime, the Court directed that investigation in FIR No. 0072 dated August 18, 2026, shall remain stayed, subject to objections from the other side.
-300x169.webp)
