SMT. UMMEDA FATIMA Vs. STATE OF U.P.

JUDGEMENT

(1.) This application under Section 482 Cr.P.C. has been filed, by Smt. Ummeda Fatima, against the State of U.P. and Smt. Wasima Begum, with the prayer for quashing the charge-sheet as well as entire proceeding of Criminal Case No. 603 of 2015, arising out of Case Crime No. 945 of 2014, under Sections 420, 467 and 468 of the Indian Penal Code, relating to Police Station-Dibai, District-Buland Shahar.

(2.) Learned counsel for the applicant, mentioned that allegations made against the applicant, at the best, makes out a case of civil liability as the applicant is alleged to have get her name mutated after the death of her husband, under Section 34 of the Land Revenue Act, which become a bone of contention between the applicant and opposite party no. 2, who claims to be second wife of the deceased. The applicant was married with Sagar Ali, R/o Kesar Kalan of Police Station-Dibai, District-Buland Shahar, under Muslim rites and customs on 28.10.2007. She was blessed by one female child namely Zoya, aged about 5 years, from their wedlock. She along with her daughter and husband was living in her matrimonial obligation happily but, was subjected to cruelty with regard to dowry, hence, a criminal case was filed by her, against her husband and in-laws. Unfortunately, Sagar Ali, husband of the applicant, and his mother Smt. Ikhlasi Begum were murdered by unknown assailants on 22.06.2014 at Kesar Kalan, District-Buland Shahar. But, because of enmity and litigation, one Parvej @ Koki got lodged criminal case against the applicant and her family members on the basis of frivolous allegations, on 22.06.2014 at 2.45 p.m., as Case Crime Number 299 of 2014, under Sections-147, 148, 149, 302, 307, 115, and 120-B, I.P.C. read with Section 7 of the Criminal Law Amendment Act, at Police Station-Dibai, District-Buland Shahar.

(3.) After the death of Sagar Ali, the applicant filed an application, in the Court of Nayab Tehsildar- Dibai, District-Buland Shahar, under Section 34 of the Land Revenue Act, for getting her and her daughter's name mutated at the place of Sagar Ali, over his entire agricultural property. This application was allowed vide order dated 30.09.2014 and thereby, the name of the applicant and her daughter was got mutated in the revenue records.