Jammu and Kashmir High Court
Bail App/116/2023 of MOHAMMAD AZHAR UD DIN Vs UNION TERRITORY OF J AND K AND ORS. (HOME DEPARTMENT) on 11 February 2026
OF JAMMU & KASHMIR AND LADAKH AT SRINAGAR Bail App 116/2023 c/w i)CRM(M) 459/2023 CrlM(1096/2023) CrlM(1097/2023). MOHAMMAD AZHAR UD DIN. …Petitioner(s) Through: None. VERSUS UNION TERRITORY OF J AND K AND ORS. …Respondent(s) Through: Mr. Bikram Deep Singh, Dy AG. Present in
HIGH COURT OF JAMMU & KASHMIR AND LADAKH
AT SRINAGAR
Bail App 116/2023
c/w i)CRM(M) 459/2023
CrlM(1096/2023) CrlM(1097/2023).
MOHAMMAD AZHAR UD DIN.
…Petitioner(s)
Through:
None.
VERSUS
UNION TERRITORY OF J AND K AND ORS.
…Respondent(s)
Through: Mr. Bikram Deep Singh, Dy AG.
Present in Person:
Mr. Ghulam Mohudin, S.I.
Belt No. 452/A, Police Station Charar-i-Sharief, Investigating officer.
CORAM:
HON’BLE MR. JUSTICE RAHUL BHARTI, JUDGE.
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ORDER
11.02.2026
01. Petitioner- Mohammad Azhar Ud Din came forward with the institution of the present two petitions- one for grant of pre-arrest bail and the other for quashment of FIR No. 49/2023 registered by the Police Station Charar-i-Shareef.
02. The FIR was registered at the instance of Abdul Gani Ahanger with respect to the alleged missing of his grand-daughter namely Bazila Jan.
03. On the other hand, the petitioner herein- Mohammad Azhar Ud Din along with Bazila Jan had approached the High Court of Jammu and Kashmir and Ladakh, Jammu Wing by filing petition- WP(C) No. 1766/2023 on 11.07.2020 seeking protection with 06 Regular
respect to the fact that the two are said to have solemnized marriage out of their free will.
04. In the said writ petition, Bazila Jan as petitioner No.1 stated her age to be 18+ years and in proof thereof, annexed a medical examination certificate certifying her age between 19 and 20 years.
05. Protection was granted to the two petitioners in WP(C) No. 1766/2023 in terms of order dated 14.07.2023, disposing of the writ petition, on the basis whereof, the two persons namely Bazila Jan and Mohammad Azhar Ud Din- the petitioner herein, are said to be cohabiting together as married persons which renders FIR No. 49/2023 dated 05.07.2023 registered by the Police Station Charar-i-Shareef, Budgam liable to be quashed.
06. This Court has perused the Case Diary file which has been produced by the Investigating Officer Shri Ghulam Mohudin, S.I. from Police Station Charar-i-Shareef, Budgam.
07. The Case Diary file also bears the order dated 14.07.2023 of the High Court of Jammu and Kashmir and Ladakh in WP(C) No. 1766/2023 which confirms the fact that the Investigating Officer has conducted the investigation by following the track of the developments which culminates at the point of time when Bazila Jan- the grand-daughter of the FIR maker and the petitioner herein entered into wedlock on their own free will and volition and consequently earning protection order from this Court.
08. As such, FIR No. 49/2023 of Police Station Charar-i- Shareef, Budgam is held to be misconceived and is hereby quashed.
09. The Investigating Officer concerned is directed to close the case accordingly.
10. In view of this, Bail Application No. 116/2023 is also rendered infructuous.
(RAHUL BHARTI)
JUDGE
SRINAGAR 11.02.2026 Bisma Jan.