Notful Ali and 2 Ors v. The State of Assam and Anr

ORDER

11.12.2024

¶1Heard Mr. P. K. Munir, learned counsel for the petitioner. also heard Mr. A Mannaf, learned counsel for the respondent No. 2 and Mr. P. Borthakur, learned Additional Public Prosecutor for the State respondent.

¶2The present application is filed under Section 482 of Code of Criminal Procedure, 1973 for quashing the F.I.R. registered as Bharalumukh Police Station Case No. 207/2017 under Section 498A IPC.

¶3The respondent wife lodged an F.I.R. before the Officer-in-Charge, Bharalumukh Police Station on 19.04.2017 inter alia alleging that the accused petitioner married the respondent No. 2 on 12.12.2013 and on

10.04.2017, her husband went missing from 07.04.2017 along with her golden ornaments and banks documents. Thereafter, the husband sent a Talaknama from Mangaldai Sadar Kazi by post. According to her, in the said Talaknama, signature of the husband was forged inasmuch as her name was incorrectly written. It was further alleged that her husband took a sum of Rs. 1,50,000/- in the name of furniture from her elder brother and brother in law and also meted her with physical and mental torture asking Page No.# 3/4 for cash. It was also alleged that on the day, when her husband was missing i.e. on 07.04.2017, elder brother of her husband asked her not to contact her husband and it was also informed her that she could stay with her husband if she brings Rs. 5 Lakhs from her residence. On the basis of the aforesaid allegation, the Bharalumukh P.S. Case No. 207/2017 under Section 498A IPC was registered.

¶4The learned Sessions Judge, Kamrup (M), Guwahati under its order dated 29.04.2017 passed in A.B. No. 339/2017, granted anticipatory bail to the petitioner.

¶5The learned counsel for the respondent No. 2 submits that the respondent wife had in the meantime got married to another person after the Talak pronounced by the present petitioner and she is not interested in pursuing the present petition under Section 498A IPC, however, she is still inclined to claim for her Mahr in terms of her Islamic right.

¶6Be that as it may, considering the nature of allegation leveled in the FIR, this Court is of the view that no case under Section 498A IPC is made out even if the allegations are treated to be correct in its face value. Therefore, the further prosecution of the petitioner in the Bharalumukh P.S. Case No. 207/2017 under Section 498A IPC shall lead to miscarriage of justice and shall be an abuse of process of law inasmuch as victim is not interest in pursuing the case registered under Section 498A IPC.

¶7Accordingly, the present petition stands allowed by setting aside and quashing the F.I.R. registered as Bharalumukh Police Station Case No. 207/2017 under Section 498A IPC. However, it is made clear that this order Page No.# 4/4 shall not preclude the respondent wife to claim her right if any against her husband under personal law.

¶8This criminal petition stands disposed of. LCR be returned back. JUDGE Comparing Assistant

PageoNo.#o1/4 GAHC010028642017 ooooooo 2024:GAU-AS:12487 ooooooooooooooo ooooooooooooooooTHEoGAUHATIoHIGHoCOURTo (HIGHoCOURToOFoASSAM,oNAGALAND,oMIZORAMoANDoARUNACHALoPRADESH)o CaseoNo.o:oCrl.Pet./550/2017o NOTFULoALIoando2oORS.o S/OoMD.oKHAIRUDDINoAHMEDoPERMANENToRESIDENToOFoVILL-o JABARIKUCHI,oP.O.oBIRKHOLAoCHOWKA,oP.O.oBORKHOLAoCHOWKA,oP.S.o MANGALDOIoDIST.oDARRANG,oASSAM 2:oIKRAMUDDINoALIo@oIKRAMULoALI oS/OoMD.oKHAIRUDDINoAHMEDoPERMANENToRESIDENToOFoVILL-o JABARIKUCHI oP.O.oBORKHOLAoCHOWKM oP.S.oMANGALDOI oDIST.oDARRANG oASSAM 3:oKHAIRUDDINoAHMED oS/OoLT.oMAGHURoALIoPERMANENToRESIDENToOFoVILL-oJABARIKUCHI oP.O.oBORKHOLAoCHOWKA oP.S.oMANGALDOI oDIST.oDARRANG oASSAo VERSUSo THEoSTATEoOFoASSAMoandoANR.o 2:MRS.oSAYEDAoBEGUM oD/OoLT.oCHOUKAToALIoPERMANENToRESIDENToOFoUTTARoBOKRAJHARo P.O.oTENGABARI oP.S.oKALAIGAON oDIST.oUDALGURI oASSAM oCURRENTLYoRESIDINGoAToG.S.oCOLONYoFARASIL oHOUSEoNO.o40 oP.S.oBHARALUMUKH Page No.# 2/4 DIST. KAMRUP M ASSAM PIN - 781009 Advocate for the Petitioner : MR.K MUNIR, MR.P K MUNIR,MS.A DAS Advocate for the Respondent : PP, ASSAM, MR.A MANNAF(R-2),MRS.F BEGUM(R-2) BEFORE HONOURABLE MR. JUSTICE ARUN DEV CHOUDHURY