MOHAMMAD MUSTAFA Vs. STATE OF U.P.

JUDGEMENT

(1.) Heard Sri N. I. Jafri, learned Senior Counsel assisted by Sri S. I. Jafri, learned counsel for the applicant, Sri S. F. Naqvi, learned Senior Counsel assisted by Shri Saleem Ahmad, learned counsel for opposite party no. 2 and Sri Attrey Dutt Mishra, learned A.G.A. for the State.

(2.) This Application under Section 482 Cr.P.C. has been filed with a prayer to quash the charge-sheet dated 24.05.2019 as well as the entire proceedings of Criminal Case No. 8654 of 2019 arising out of Case Crime No. 115 of 2019 under Sections 323, 504, 506, 376, 377 and 494 I.P.C., P.S. Nauchandi, District Meerut pending in the court of Additional Chief Judicial Magistrate, Court No. 1, Meerut.

(3.) Arguments of learned counsel for the applicant in the affidavit are that the informant is a divorced lady who had three children from her earlier husband. On 05.07.2010, the accused-applicant performed marriage with O.P. No. 2 (informant) and in the said marriage, House No. 111/12 Nelson, Shashtri Nagar, Meerut was given in mehar as per allegation made in the F.I.R. by O.P. No. 2 and that she started living in the said house with the applicant and further as per allegation in the F.I.R., O.P. No. 2 came to know that the applicant had already solemnized marriage earlier with four other women and were having children from them. He had performed marriage with the applicant playing fraud upon her without disclosing his previous marriages. Living in the said house, accused applicant and O.P. No. 2 were blessed with a baby girl, Ivana Mustafa whereafter accused applicant began ill-treating O.P. No. 2 and even abused her and used to give her mental torture and started putting pressure upon her to vacate the said house and with that aim in mind, the accused applicant started threatening the victim that he would give divorce to her. The said F.I.R. is absolutely having a false allegation.