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Judgment
Heard.
Quashing is sought for FIR No. 35/2017 of Police Station, Kalakote under section 366/109 RPC registered on a report lodged by one Mohd. Azam,
respondent No.5. The informant has alleged in the report lodged by him that his wife, petitioner No.1 herein, has been abducted by Mohd. Alyas,
petitioner No.2 herein, with the intention of committing rape on her. It is alleged by him also that other petitioners were also involved in conspiracy in
this regard.
Petitioners’ contention in this petition is that petitioner No.1 was divorced by the informant (respondent No.5) on 13.01.2017 and after that she tied
nuptial knot with petitioner No.2 on 26.06.2017.
Having regard to the allegation of the informant (respondent No.5) and case set up by the petitioners, this petition is disposed of by issuing a direction
to the Investigating Officer that he shall first get the statement of petitioner No.1 recorded in terms of section 164-A Cr.P.C. and shall proceed ahead
with further investigation on the basis of and having regard to the said statement.Â
Petitioners shall provide a copy of this order to the Investigating Officer. The Investigating Officer shall at an earliest get the statement of the
petitioner No.1 recorded in terms of section 164-A Cr.P.C. The petitioner No.1 shall be produced before the Magistrate, nearest to the place of her
present residence for the purpose of recording her statement.
Disposed of.