KASIM ALI Vs. STATE OF CHHATTISGARH

JUDGEMENT

(1.) This Petition has been filed under Sec. 482 of Cr.P.C. for quashing FIR No.195/2023, dtd. 23/2/2023 registered against the Petitioner at PS Civil Lines, District Bilaspur for the offence under Ss. 294, 323 and 506 IPC.

(2.) Brief facts of the case are that the Petitioner and Respondent No.2 are husband and wife, whose marriage was solemnized in the year 2018 as per the Muslim rites and customs and out of the said relation, 2 children were born to them. Respondent No.2/wife had lodged FIR on 23/2/2023 qua the Petitioner alleging that she was subjected to abuse in filthy language and also threatened to be killed by him, therefore, the offence as aforesaid has been registered against him.

(3.) Shri Ruparel, learned Counsel for the Petitioner submits that in the earlier complaint made by the wife, the offence under Ss. 307 and 498-/34 IPC was registered against the Petitioner for the incident dtd. 17/5/2021 and the 8th Additional Sessions Judge, Bilaspur, vide judgment dtd. 31/1/2023 passed in Sessions Trial No.269/2021, as the material witness has turned hostile, had acquitted the Petitioner from the charges levelled against him under the said Ss. . He further submits that after passing of the said judgment, just within 23 days, the present FIR has been lodged in which, only mother and father of Respondent No.2 have been mentioned as witnesses, who were the witnesses in the earlier trial also wherein, they have turned hostile, therefore, a false case has been made out against the Petitioner and the continuation of criminal proceedings against him amounts to abuse of process of law. He lastly submits that on the same day i.e. 23/2/2023, the Petitioner had also given an intimation under Sec. 155 Cr.P.C to the police station-Civil Lines but no offence has been registered against Respondent No.2. He placed reliance in the matter of Kahkashan Kausar alias Sonam and Others vs. State of Bihar and Others reported in (2022) 6 SCC 599 and prays to quash the impugned FIR. and the consequent criminal proceedings.