YASMIN NAJ Vs. SAIYED RASHID ALI

JUDGEMENT

(1.) PETITIONERS have filed this petition under section 482 of the Code of Criminal Procedure for quashing the criminal proceedings pending against them in the Court of Judicial Magistrate First Class, Bhopal as R.T.No.8581/2011.

(2.) IN short, the facts of the case are that complainant Saiyed Rashid Ali filed a complaint under section 200 of the Code of Criminal Procedure against the petitioners stating that he was married to petitioner Smt. Yasmin Naj on 24.11.2004. Because of some disputes, she lodged a report against him and his family members under sections 498-A, 506-II I.P.C. and started living at her parents' house. He was acquitted by the Court of Judicial Magistrate First Class, Bhopal on 29.11.2007.

(3.) WITH the connivance of other petitioners, who are her father, mother, sister and brother-in-law, Yasmin performed second marriage with petitioner Saiyed Ashique Alvi after misrepresenting herself as a divorcee before Shaher Kazi. Since all the petitioners conspired and helped Yasmin in her second marriage without obtaining divorce, on the basis of forged Talaknama, complainant filed the instant complaint in the Court of Magistrate under sections 420,467,468,471,477 and 494 read with section 34 of the Indian Penal Code. Since police Talaiya did not take action in respect of complaint made by him about the forged Talaknama, this complaint was filed.