Jammu & Kashmir HC Stays Criminal Case Against Woman Booked For Terminating Pregnancy Without Husband’s Consent
Jammu and Kashmir: The High Court of Jammu and Kashmir and Ladakh recently terminated a criminal case against a woman booked for terminating her 4–5-month pregnancy without her husband’s permission.
The husband had filed the complaint alleging that his wife aborted the pregnancy with the help of her sister without his wish. While hearing the case, Justice Rahul Bharti passed the order, stating that the investigation in the FIR shall remain stayed. Meanwhile, the order will be subject to objections that may be raised from the other side.
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The court was hearing the case filed by the accused seeking to quash the FIR registered against them. The FIR noted that the two accused (the complainant’s wife and her sister) involved in crimes citing 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.
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