The High Court of Jammu & Kashmir and Ladakh (Srinagar Bench) has stayed the filing of a chargesheet against the husband’s family in a dowry, assault, and cruelty case, citing lack of evidence, while allowing the investigation against the husband to proceed. The petitioners claim the FIR was filed out of revenge.
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SRINAGAR: The High Court of Jammu & Kashmir and Ladakh (Srinagar Bench) has put a temporary stop to the filing of the chargesheet against the in-laws in a case where they were accused of cruelty, assault, criminal intimidation, and dowry demand.
This stay order applies to FIR No. 03/2025, which was registered against a husband and his close family members under Sections 85/133, 351 of the Bharatiya Nyaya Sanhita (BNS) and Section 4 of the Dowry Protection Act.
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The FIR was lodged by the wife, who has accused a total of eight people, including the husband’s parents and siblings, of demanding dowry.
The case was heard by Hon’ble Mr. Justice Sanjay Dhar on 28-02-2025.
The petitioners’ lawyer, Mr. Hemant Mishra, along with Mr. Abid Khan, argued that-
“Allegations made in the impugned FIR to the extent of the petitioners are vague, lacking in material particulars and that the impugned FIR has been lodged by the complainant-respondent No.4, with a view to wreck vengeance upon the petitioners.”
After listening to the arguments presented, the Court observed that the allegations against petitioner Nos. 2 to 8 were unclear and lacked solid evidence. Because of this, the Court decided to stop the authorities from filing a chargesheet against these individuals without first getting approval from the Court.
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However, the investigation against the husband has been allowed to continue, as there were specific allegations made against him.
The court issued notice to the respondents, instructing the petitioners to take “necessary steps for effecting service upon the respondents” within the stipulated time. Meanwhile, the petitioners requested a stay on further proceedings related to the FIR.
The court carefully examined the arguments presented. It found that the allegations were unclear and not supported by proper material details.
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Therefore, the Hon’ble Judge ruled-
“Subject to objections from the other side and till the next date of hearing, further proceedings in the impugned FIR shall remain stayed.”
This means that until the next court hearing, the legal actions based on this FIR will be put on hold. The petitioners have been granted temporary relief, ensuring that no immediate action is taken against them under this FIR.
This case highlights the importance of verifying the authenticity of allegations before proceeding with legal actions. The court’s decision to stay the FIR proceedings protects the petitioners from any immediate consequences while allowing time for a proper legal review.
This ruling is significant because it raises important concerns about the potential misuse of dowry laws in personal disputes. Many legal experts believe that such cases should be carefully examined to ensure that innocent family members are not falsely implicated.
The Court’s decision in this matter could serve as a crucial precedent in future matrimonial disputes where dowry laws are involved.
CASE TITLE:
IRSHAD SHAFI BHAT AND ORS vs. UT OF J AND K AND ORS.
CRM (M) No. 96/2025 & CriM No. 194/2025.
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