JK High Court Dismisses Plea to Quash FIR in Triple Talaq Case, Upholds Muslim Women Protection Act

Srinagar- The High Court of Jammu & Kashmir and Ladakh at Srinagar has dismissed a petition seeking to quash an FIR registered under the Muslim Women (Protection of Rights on Marriage) Act, 2019. The case, CRM(M) No.471/2022 was heard by Justice Javed Iqbal Wani, who delivered the order on August 4.

The petitioner, Shabir Ahmad Malik, represented by Advocate Altaf Khan, had challenged FIR No.31/2022 dated September 29, 2022, from Police Station Women Cell, Kupwara. The FIR was filed against him by his wife, for allegedly pronouncing instant triple talaq. The petitioner claimed he had executed a "Talaq-e-Ahsan" (a form of divorce considered valid in Islamic law) through a formal deed (Talaq Nama) on August 31, 2022, and argued that this did not constitute an offence under the 2019 Act.

However, the Union Territory of J&K, represented by Government Advocate Faheem Shah, and the complainant-wife, represented by Advocate Sheikh Manzoor, opposed the plea. The status report from the investigating agency revealed that the complainant had alleged the petitioner sent a triple talaq pronouncement via text message to her brother's mobile phone. The court noted that "the screen shots of the said text messages stand extracted and placed as evidence" and that this position was not disputed by the petitioner, rendering his reliance on the Talaq Nama "insignificant."

In his key observations, Justice Wani referenced the crucial definitions and provisions of the 2019 Act. The court stated, "A conjoint reading of the aforesaid provisions would manifestly tend to show that the pronouncement of Talaq, be it Talaq-e-biddat or any other similar form of talaq having the effect of instantaneous and irrevocable divorce pronounced by a husband upon his wife, by words either spoken or written or any electronic form or in any other manner whatsoever shall be void and illegal, and punishable."

Declining to use its inherent power under Section 482 Cr.PC (now 528 BNSS) to quash the proceedings, the court relied on the parameters set by the Supreme Court in Priti Saraf vs. State of NCT of Delhi. The order concluded, "this Court is not inclined to examine inherent power and scuttle the prosecution at its inception." The petition was accordingly dismissed. The court clarified that its observations were made solely for disposing of the petition and should not be construed as an opinion on the petitioner's guilt or innocence.