Judgment:
(1) M.Cr.C.No.5207/2012 HIGH COURT OF MADHYA PRADESH: JABALPUR Single Bench: Hon'ble Justice Shri Rakesh Saksena Miscellaneous Criminal Case No.5207/2012 1. Smt.Yasmin Naj, aged about 27 years, D/o Shri Mansoor Ali, Presently R/o H.No.12, Near Gas Adalat, Ward No.7, Fatehgarh, Bhopal (M.P.) 2. Mansoor Ali, aged about 58 years, S/o not known, R/o B-109, Naveen Nagar, Aishbag, Bhopal (M.P.) 3. Mehfooz Ali, aged about 31 years, S/o Shri Mehfooz Ali, R/o B-109, Naveen Nagar, Aishbag, Bhopal (M.P.) 4. Saiyad Shafique Ahmed, aged about 36 years, S/o Shri Saiyed Nizamuddin, R/o 240, Ashok Vihar, Ashoka Garden, Bhopal (M.P.) 5. Saiyed Ashique Alvi, aged about 28 years, S/o Shri Saiyed Tarik Parvej Alvi, R/o H.No.12, Near Gas Adalat, Ward No.7, Fatehgarh, Bhopal (M.P.) 6. Smt.Najmeen Naj, aged about 32 years, W/o Shri Saiyed Shafique Ahmed, R/o 240, Ashok Vihar, Ashoka Garden, Bhopal (M.P.) 7. Smt. Rajiya Begum, aged about 52 years, W/o Shri Mansoor Ali, R/o B-109, Naveen Nagar, Aishbag, Bhopal (M.P.) …....Petitioners -Versus- Saiyed Rashid Ali, aged about 29 years, S/o Shri Mubarik Ali, R/o H.No.784, Naya Kabadkhana, Police Station Hanumanganj, District Bhopal (M.P.) …….Respondent -------------------------------------------------------------------------------------------------------- For the petitioners: Shri S.K.P.Verma, Advocate. For the respondent: Shri Ahadulla Usmani, Advocate. -------------------------------------------------------------------------------------------------------- Date of hearing:
01. 08/2013 Date of Order :
06. 08/2013 (2) M.Cr.C.No.5207/2012 ********** ORDER
Petitioners have filed this petition under section 482 of the Code of Criminal Procedure for quashing the criminal proceedings pending against them in the Court of Judicial Magistrate First Class, Bhopal as R.T.No.8581/2011.
2. In short, the facts of the case are that complainant Saiyed Rashid Ali filed a complaint under section 200 of the Code of Criminal Procedure against the petitioners stating that he was married to petitioner Smt. Yasmin Naj on 24.11.2004. Because of some disputes, she lodged a report against him and his family members under sections 498-A, 506-II I.P.C. and started living at her parents' house. He was acquitted by the Court of Judicial Magistrate First Class, Bhopal on 29.11.2007.
3. Petitioner Yasmin filed an application under section 125 of the Code of Criminal Procedure for obtaining maintenance from the complainant in the Court of Magistrate. In that proceeding, she produced a Talaknama dated 7.12.2006 recorded on a fifty rupee stamp attested by Notary. Since this Talaknama was a forged document, complainant filed an application seeking an inquiry, but Yasmin withdrew her application under section 125 of the Code of Criminal Procedure.
4. With the connivance of other petitioners, who are her father, mother, sister and brother-in-law, Yasmin performed second marriage with petitioner Saiyed Ashique Alvi after misrepresenting herself as a divorcee before Shaher Kazi. Since all the petitioners (3) M.Cr.C.No.5207/2012 conspired and helped Yasmin in her second marriage without obtaining divorce, on the basis of forged Talaknama, complainant filed the instant complaint in the Court of Magistrate under sections 420,467,468,471,477 and 494 read with section 34 of the Indian Penal Code. Since police Talaiya did not take action in respect of complaint made by him about the forged Talaknama, this complaint was filed.
5. In support of the complaint, complainant examined himself under section 200 of the Code of Criminal Procedure as PW-1 and also examined his father Mubarik Ali (PW-2), Ravindra Kumar (PW-3) and Mohd. Raiz (PW-4). Learned Magistrate took cognizance and ordered registration of the complaint on 28.9.2011.
6. Learned counsel for the petitioners submitted that prima facie no case of forging Talaknama by accused/petitioners is made out. Similarly there is no accusation or evidence on record to indicate that petitioners in any manner conspired or helped Yasmin to marry Saiyed Ashique Alvi. Apart from it, aforesaid Talaknama was executed by complainant. Learned counsel further submitted since there was no evidence against the petitioners, the criminal proceeding of complaint against them deserved to be quashed. Learned counsel for the respondent/complainant, on the other hand, contended that there was sufficient evidence against the petitioners of having committed the offence.
7. On perusal of the complaint as well as the evidence adduced by the complainant, it appears that merely vague allegations have been made against petitioners No.2 to No.7 viz. Mansoor Ali, (4) M.Cr.C.No.5207/2012 Mehfooz Ali, Saiyed Shafique Ahmed, Saiyed Ashique Alvi, Smt. Najmeen Naj and Smt. Rajiya Begum. The main allegation has been made against petitioner No.1 Smt. Yasmin Naj. It has also been stated in the complaint that it was she who had produced the Talaknama in 125 Cr.P.C. proceedings and that on the basis of said Talaknama she married Saiyed Ashique Alvi. Merely by making allegation that in furtherance of common intention, all the accused persons forged Talaknama and took Shahar Kazi in confidence for securing Yasmin's second marriage, it cannot be presumed that the said document was forged by everybody and that all of them aided or assisted Yasmin to marry.
8. In his statement, complainant Saiyed Rashid Ali (PW-1) made merely vague allegations that all the accused persons prepared forged Talaknama by making his signatures and produced the same before Shahar Kazi Bhopal for winning his confidence that Yasmin was divorced by him. Similar is the evidence of Mubarik Ali (PW-2) and Mohd. Raeez (PW-4). Though Mohd. Raeez stated that petitioners assured Kazi Sahab about the Talaknama, but he did not say that he was present there or he saw it by his own eyes.
9. Since there appear no legal evidence against petitioners No.2 to 7, it cannot on the basis of vague allegations be held that in any manner they cooperated or conspired with petitioner No.1 Smt. Yasmin in commission of offence alleged against her. It cannot in the absence of evidence be presumed that petitioner Saiyed Ashique Alvi who married Smt. Yasmin, knew that Talaknama was not valid. (5) M.Cr.C.No.5207/2012 10. In the above circumstances, it cannot be held that there was any prima facie prosecutable evidence against petitioners No.2 to 7. Though, it is yet to be proved that Talaknama was a forged document, but in view of the evidence of complainant (PW-1) and Ravindra Kumar (PW-3), it cannot be held that there is no prima facie evidence against petitioner No.1 Smt. Yasmin Naj. It seems that with a view to wreak vengeance, respondent/complainant lodged prosecution against all the family members and relatives of petitioner Smt. Yasmin.
11. In view of the foregoing discussions, I am of the view that the criminal proceedings of R.T.No.8581/2011 pending in the Court of Judicial Magistrate First Class, Bhopal deserved to be and are hereby quashed against accused/petitioners No.2 to 7 viz. Mansoor Ali, Mehfooz Ali, Saiyed Shafique Ahmed, Saiyed Ashique Alvi, Smt. Najmeen Naj and Smt. Rajiya Begum.
12. Accordingly, this petition is partly allowed to the extent indicated hereinabove. (Rakesh Saksena) b Judge (6) M.Cr.C.No.5207/2012