J&K&L High Court Stays FIR Against Woman Booked For Terminating Pregnancy Without Husband's Consent
LIVELAW NEWS NETWORK
19 Sept 2026 10:07 PM IST
The High Court of Jammu & Kashmir and Ladakh has stayed the investigation into an FIR registered against a woman and her sister for allegedly terminating a 4–5 month pregnancy without the husband's consent, observing that the police ought to have exercised circumspection and restraint in the matter and that the allegations did not inspire confidence.
The Court issued notice to the respondents and listed the matter for further hearing on October 23, 2026.
The Court was hearing a petition filed under Section 528 of the Bharatiya Nyaya Sanhita, 2023, seeking quashing of FIR registered for alleged commission of offences under Sections 126(2), 88, 351(2), 352 and 3(5) of the BNS.
A Bench of Justice Rahul Bharti, while issuing notice, 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 further observed,
"Whether the Police Station, Manjakote ought to have exercised circumspection and restraint in the matter of registering an FIR No. 0072 dated 18.08.2026 at the instance of the respondent No. 3- Guftar Ahmed for alleged commission of offences under sections 126(2), 88, 351(2), 352, 3(5) of the Bharatiya Nyaya Sanhita (BNS), 2023 is a question which gets posed through the medium of the present petition."
In the case the petitioner is the wife of respondent No. 3, the complainant. The respondent No. 3 lodged the FIR by visiting Police Station on 18.08.2026 and got FIR registered on the same date. The petitioner No. 2, who is the sister of petitioner No. 1, has been arrayed as an abettor.
The complainant alleged that his wife, the petitioner No. 1, had terminated 4–5 months of pregnancy, which was conceived from him, without his consent, thereby committing offences, in particular the offence under Section 88 of the BNS. The Court noted that there was no intervening time availed by the SHO to examine the nature of the allegations and accusations being made by the respondent No. 3.
The Court observed that the FIR was registered on the very same day that the complaint was presented, meaning that there was no intervening time availed by the SHO to examine the nature of the allegations. The Court noted that the tone and tenor of the FIR contents did not inspire confidence about the narrative being set up by the complainant against the petitioner.
The Court held that a prima facie case was made out and accordingly issued notice to the respondents in the main petition as well as in the connected application.
The High Court while issuing notice to the respondents in the main petition as well as in the connected application stayed the investigation in the FIR till the next date of hearing, subject to objections from the other side. The matter has been listed for further hearing on October 23, 2026.
Case Title: Shazia Kouser and Another v. UT of J&K and Others
Citation: 2026 LiveLaw(JKL) 406
Appearances
Petitioners: Mr. Irfan Khan, Advocate
Respondents: Ms. Nazia Fazal, Assisting Counsel to Mr. Bhanu Jasrotia, Government Advocate
