Latest JudgementBharatiya Nagarik Suraksha Sanhita (BNSS), 2023Bharatiya Nyaya Sanhita (BNS), 2023

Ruksana Bano & Anr. v. Union Territory of J&K & Ors., 2026

An adult woman's denial of abduction alone is not a ground to quash a kidnapping FIR when disputed facts require investigation.

High Court of Jammu & Kashmir and Ladakh·10 July 2026

Court

High Court of Jammu & Kashmir and Ladakh

Date of Decision

10 July 2026

Judges

Justice M. A. Chowdhary

Citation

Acts / Provisions

Section 528 of Bharatiya Nagarik Suraksha Sanhita, 2023 (BNSS) Section 49, Section 82, Section 84, Section 87 of BNS

Facts of the Case

An FIR was registered against the petitioners for offences under Sections 87 and 49 of the BNS, alleging kidnapping and abduction.
The first petitioner, an adult woman, stated that she had voluntarily travelled to Delhi after developing a friendship with the second petitioner during a computer training course.
She alleged that her family opposed their relationship because they belonged to different religions.
According to her, she was assaulted, wrongfully confined, and forcibly married to the complainant's son against her wishes.
She further alleged that she suffered physical violence and sexual assault during the marriage before escaping with the assistance of friends and voluntarily travelling to Delhi.
The woman consistently maintained before the investigating agency and the High Court that she had not been abducted and had left Kashmir voluntarily.
The complainant alleged that she had been abducted pursuant to a conspiracy involving the second petitioner and others.
The investigation allegedly revealed that certain persons had facilitated her movement to Srinagar Airport before she travelled to Delhi.
It was also alleged that the woman had contracted another marriage with the second petitioner during the subsistence of her earlier marriage.
The petitioners approached the High Court under Section 528 BNSS seeking quashing of the FIR.

Whether an FIR alleging kidnapping and abduction can be quashed solely because the adult woman denies having been abducted?
Whether the High Court can exercise its inherent powers under Section 528 BNSS to quash criminal proceedings when disputed questions of fact require investigation?
Whether the allegations disclosed in the complaint and the material collected during investigation warranted continuation of the investigation?
Whether the admitted facts disclosed the commission of other offences, including bigamy and enticing away a married woman, requiring further investigation?

The High Court dismissed the petition seeking quashing of the FIR.
The Court held that the inherent powers under Section 528 BNSS must be exercised sparingly and cannot be invoked to determine disputed questions of fact.
The Court observed that the woman's denial of abduction could not, by itself, justify quashing the FIR.
The Court held that the allegations contained in the complaint and the material collected during investigation disclosed sufficient grounds for a thorough investigation.
The Court observed that the admitted facts indicated that the first petitioner had married the complainant's son, subsequently left her matrimonial home, and thereafter contracted another marriage with the second petitioner.
The Court noted that if the petitioner's own version was accepted, it could still disclose offences under Sections 82 and 84 of the BNS, including bigamy and enticing away a married woman.
The Court relied upon Soyab v. State of Himachal Pradesh & Others to observe that the extraordinary jurisdiction of the High Court cannot be used to confer judicial sanctity upon an apparently adulterous relationship.
While refusing to quash the FIR, the Court protected the woman's safety by directing the investigating agency to record her statement at a place where she felt safe and secure instead of compelling her to return to Kashmir.

The petition seeking quashing of the FIR was dismissed.
A victim's denial of kidnapping does not automatically justify quashing criminal proceedings where disputed facts require investigation.
The inherent jurisdiction under Section 528 BNSS cannot be exercised to short-circuit a legitimate investigation involving disputed factual issues.
The investigating agency was directed to record the woman's statement at a safe location in accordance with law.

The judgment reiterates the limited scope of the High Court's inherent jurisdiction under Section 528 BNSS, particularly in matters involving disputed questions of fact.
The Court correctly distinguished between evaluating the legality of an FIR and determining the truthfulness of rival factual versions, the latter being the function of investigation and trial.
By refusing to rely solely upon the woman's statement denying abduction, the Court emphasized that criminal proceedings cannot be terminated merely because an alleged victim supports the accused.
The decision recognizes that surrounding circumstances and material collected during investigation must also be considered before exercising extraordinary jurisdiction.
The Court balanced competing interests by protecting the autonomy and safety of the adult woman while simultaneously permitting the investigation to continue.
The observation regarding possible offences under Sections 82 and 84 BNS demonstrates that admitted facts may disclose additional criminal liability independent of the kidnapping allegations.
The judgment reinforces the principle that inherent powers should not be exercised to stifle legitimate criminal investigations at a premature stage.
The ruling serves as an important precedent on the cautious exercise of quashing jurisdiction where factual controversies require evidentiary examination.