FURKAN Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri Alok Kumar Pandey, learned counsel for the applicants and Sri Pankaj Saxena, learned A.G.A. for the State.

(2.) The present application has been filed to quash the charge-sheet no. 318/2020 dtd. 8/11/2020 and cognizance and summoning orders passed in Criminal Case No. 17364 of 2021 (State of U.P. Vs. Furkan & others) against the applicants arising out of Case Crime No. 5 of 2020 u/s 376, 495, 120-B, 504, 506 I.P.C., Police Station- Mainathar, District Moradabad, pending before the court of learned Additional Chief Judicial Magistrate-06, Moradabad.

(3.) Learned counsel for the applicants has submitted that this fact is admitted by the opposite party no. 2 in her statement recorded u/s 164 Cr.P.C. that applicant no. 1 was already married and this fact was not disclosed to her. Though opposite party no. 2 has admitted that she married the applicant no. 1 after being in a relationship with him, and she has been residing in Delhi. Therefore, being a married wife, no offence u/s 494 I.P.C. is made out because under Mohammedan Law, a muslim man can get married upto 4 times, and it is further submitted that the Muslim Personal Law (Shariat) Application Act, 1937 (hereinafter referred to as the Shariat Act) permits the muslim man to get married more than once then, even after getting a second marriage with the opposite party no. 2, no offence u/s 494 I.P.C. will be made out against him.