Jammu and Kashmir HC stays Punjab Police FIR against IAS official

The FIR was lodged by Anshul Garg’s estranged wife before a women’s police station in Patiala that included sections demanding dowry, aborting a child without consent and cheating

The Jammu & Kashmir and Ladakh high court have stayed the investigation by the Punjab Police into an FIR lodged against chief executive officer of Shri Mata Vaishno Devi Shrine Board Anshul Garg, an IAS cadre officer.

Justice Mohammad Akram Chowdhary, after hearing Anshul Garg’s counsel advocate Sakal Bhushan, stayed the FIR and asked Garg’s wife to file objections within four weeks (Getty Images/iStockphoto)

The FIR was lodged by Garg’s estranged wife before a women’s police station in Patiala that included sections demanding dowry, aborting a child without consent and cheating.

Garg had filed a petition before the high court seeking to stay the FIR.

Justice Mohammad Akram Chowdhary, after hearing Garg’s counsel advocate Sakal Bhushan, stayed the FIR and asked Garg’s wife to file objections within four weeks.

Garg had challenged the impugned FIR on the grounds that his wife, being the daughter of a high profile person of Punjab, who has been given cabinet rank as vice chairman, of the economic policy and planning board in Punjab and is a big shopping freak interested in foreign trips/ shopping and requiring ample time to attend lavish parties and family functions since the very beginning of the marriage would usually interfere with his professional life.

Garg had also submitted that his wife had been suffering from infertility due to polycystic ovarian disease (PCOD) with difficulty in conceiving and retaining the pregnancy, as such, she had developed marital discord with him.

He had also submitted that due to persistent efforts and mediations by the friends between the couple, his wife did not mend her ways and also created problems not only for Garg but also for his family, relatives and friends.

Garg had filed a petition in December 2022 for judicial separation before a family court at Jammu and as a counterblast to the petition for judicial separation, his estranged wife lodged the impugned FIR with the women’s police station at Patiala levelling false allegations of subjecting her to cruelty, physical as well as mental torture, causing miscarriage to her.

Garg’s wife also accused him and his parents of demanding dowry in the FIR.

However, Garg’s counsel submitted before the court that most of the allegations levelled against his client pertained to Jammu, Katra, Doda, Kupwara and Anantnag where he had remained posted on various positions.

“Therefore, this court is having jurisdiction to entertain this petition as “cause of action” though not wholly but the major part of that has arisen, within the territorial limits of this court. Moreover, the petitioners, who are accused in the case are also residing within the territorial jurisdiction of this court,” Garg’s counsel submitted before the court.

Consequently, the HC admitted the petition and issued a post-admission notice to the estranged wife and other respondents to file counter affidavits within four weeks.

The HC listed the case for July 19 and stayed the impugned FIR.