J&K High Court stays FIR against woman booked for terminating pregnancy without husband’s consent

The High Court of Jammu and Kashmir and Ladakh has stayed criminal investigation into a complaint filed by a husband alleging that his wife terminated a 4–5-month pregnancy without his consent, allegedly with the assistance of her sister.

Justice Rahul Bharti passed the interim order on a plea by the accused (the complainant's wife and her sister) to quash the first information report (FIR) registered against them.

The FIR against the two accused cited Section 126(2) (wrongful restraint/confinement), Section 88 (causing miscarriage), Section 351(2) (criminal intimidation), Section 352 (intentional insult with intent to provoke breach of peace), and Section 3(5) (common intention) of the Bharatiya Nyaya Sanhita (BNS), 2023.

In an order passed on September 14, however, the Court expressed reservations about the FIR, expressing a prima facie observation that the allegations did not inspire confidence.

"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 (complainant-husband) against the petitioner No. 1 (complainant's wife/ accused)," the Court said.

The Court also took note of the accused's submission that the police registered the FIR in haste, on the very same day that the husband presented his complaint.

The Court added that this meant that there was no intervening time for the police's station house officer (SHO) to examine the nature of the allegations and accusations being made by the complainant.

Holding that a prima facie case was made out, the High Court issued notice in the matter, thereby seeking the response of the State and the complainant.

In the meantime, the Court directed that the investigation in the FIR shall remain stayed. The order, however, was made subject to objections that may be raised from the other side.

The matter has been listed for further hearing on October 23, 2026.

Advocate Irfan Khan appeared for the petitioners (accused women).

[Read Order]