J&K High Court Stays FIR Over Alleged Pregnancy Termination Without Husband's Consent

The High Court of Jammu and Kashmir and Ladakh has stayed investigation of an FIR against a woman and her sister arising from the husband's allegation that she terminated a four-to-five-month pregnancy without his consent.

Background to the criminal proceedings

The FIR invokes provisions of the Bharatiya Nyaya Sanhita, 2023 concerning causing miscarriage, wrongful restraint or confinement, criminal intimidation, intentional insult and common intention.

Why the Court intervened

The accused approached the High Court seeking quashing of the criminal case. Their counsel argued that the police registered the FIR on the very day the husband made his complaint and did not undertake meaningful preliminary scrutiny of the allegations.

Justice Rahul Bharti observed at the interim stage that the tone and tenor of the complaint did not inspire confidence. The Court therefore issued notice to the State and the complainant and stayed further investigation, subject to the objections they may raise.

Present legal consequence

The order is interim and does not finally determine the legality of the alleged termination, the truth of the husband's allegations or the criminal liability of either petitioner. The matter is listed for further hearing on October 23.