SYED FAREES AHMED Vs. SYED ATAULLAH

JUDGEMENT

(1.) This petition is filed under Section 482 Cr. PC to quash the proceedings in CC No.326 of 1996 on the file of XXII Metropolitan Magistrate, Hyderabad.

(2.) The facts in giving rise for filing of the petition are briefly as follows : Syed Ataullah, the first respondent herein filed a complaint before the Station House Officer, Abids Police Station on 15-9-1994 alleging that he is receiving telephone calls threatening that his daughter has been married to 5. Farees Ahmed, the petitioner herein who is said to be friend of his son S. Warisuddin Naveed and used to visit his house and shop to meet his son. It is further stated that he has also taken an amount of Rs.50,000.00 by promising to get a Visa of KSA, but he failed to get the Visa and on demanding to repay the said amount he started behaving in an indifferent manner and started threatening that if he insists for payment of money he will sec the end of his life. It is further stated that he developed friendship with his relatives and started defaming his reputation in their family and friends and claiming alleged marriage which is false and baseless and requested to take action against the petitioner herein. The Station House Officer registered a case in Crime No.247/94 under Section 420 and 506 IPC, issued FIR and took up investigation. The police submitted final report on 4-4-1995 stating that the petitioner furnished information that he married Sameena Misbah daughter of complainant on 28-12-1993 in the presence of Assistant Quazi Sri Jamal and also obtained certificate from A.P. State Wakf Board noting the said marriage and the said certificate was sent to Forensic Science Laboratory alongwith admitted signatures and obtained information stating that the signatures of Sameena Misbah appearing on Nikhanama are genuine and belong to her and finally observed that he is referring the case as civil nature. Then the 1st respondent filed protest petition and the learned Magistrate recorded the sworn statement of the 1st respondent-complainant and also recorded the statement of Sameena Misbah and took the case on file under Section 496, 509 and 420 IPC against the petitioner herein and issued summons. Now, the petitioner filed this petition to quash the proceedings.

(3.) The learned Counsel for the petitioner submitted that the daughter of the complainant Sameena Misbah filed a complaint before the IX Metropolitan Magistrate and the same was referred to the police and the Golconda police registered a case in Crime No.135 of 1994 on 18-10-1994 under Sections 465, 468, 469, 420 read with 34 and 507 and 120-B IPC and after investigation submitted final report stating that there are documents to show the marriage between the petitioner and the complainant and referred the case as Mistake of fact. The said Sameena Mishah filed a protest petition and her sworn statement was completed and the learned Magistrate dismissed the said complaint as there is no sufficient material on record to take the case on file vide his order dated 31-8-1996 and the said order has become final. He further submitted that the petitioner filed OS No.5277/94 on the file of teamed Assistant Judge, City Civil Court, Hyderabad seeking restitution of conjugal rights against Sameena Misbah and the said suit was transferred to the Family Court and after transfer the Family Court numbered it as OS No.154/95 and the said Family Judge dismissed the said suit on 21-12-1995 on a preliminary issue stating that the suit was barred by principles of res judicata in view of the orders passed in WPNo.16400 of 1994 dated 19-10-1994. Aggrieved by the said iudgment and decree the petitioner filed CCCA No.67 of 1996 before this Court and this Court allowed the said appeal setting aside the decree and judgment of the Family Court dated 21-12-1995 and remanded the matter to the Court below to try the other issues on merits and dispose of the matter in accordance with law.