JAVED NASEEM Vs. STATE OF MADHYA PRADESH

JUDGEMENT

(1.) This application under Sec. 482 Cr.P.C. has been filed seeking the following reliefs :- It is therefore most humbly prayed that this Hon'ble Court may kindly be pleased to exercise inherent powers under Sec. 482 Cr.P.C. and quash the FIR dtd. 23/12/2023 and other consequential proceedings arising out of Crime No.338/2023 registered at P.S. Gandhi Nagar, district Bhopal and discharge the applicant, in the interest of justice.

(2.) It is submitted by counsel for the applicant that respondent no.2 lodged an FIR on the ground that she got married to Javed Naseem on 21/4/2017. On 9/10/2022 and 29/1/2023 her husband Javed Naseem has sent his self-signed Talaknama duly witnessed by Rahim Mirza and Mirza Karim Baig, copy of the said Talaknama was produced along with FIR. It was alleged that divorce has been given on account of non fulfillment of demand of dowry and on account of the fact that she has given birth to a girl child. Even otherwise, on 25/2/2023 her husband and her mother-in-law had come to her parental home along with Raheem Mirza and others and also gave triple Talaq and declared that now they do not have any relationship with the complainant. At that time, her neighbor Mehfooz Rehman was also present in the house. Her husband has also given a copy of Fatwa dtd. 19/7/2023 by which Mufti Rahees Ahmed Khan has also treated the said divorce as correct whereas Mufti Rahees Ahmed Khan was aware of the fact that Talaq given by her husband is illegal in the light of the provision of Muslim (Women of Rights on Marriage) Act, 2019, (hereinafter referred to as 'the 2019 Act) according to which any pronouncement of Talaq by a Muslim husband upon his wife, by words, either spoken or written or in electronic form or in any manner whatsoever shall be void and illegal and as per Sec. 4 of the 2019 Act such act of her husband and others shall be punishable with imprisonment for a term which may extend to three years and shall be liable to fine. Thus, it was alleged that her husband Javed Naseem, her mother-in-law Rukhsana Begum, her sister-in-law Ranu Begum, Rahim Mirza and Mirza Karim Baig, who have signed the Talaqnama as witnesses have prima facie committed an offence. On this complaint the FIR has been registered.

(3.) Challenging the FIR lodged by the complainant it is submitted by counsel for the applicants that the applicant had sent the Talaq-e-ahsan by registered post on 30/1/2023. It is submitted that the said Talaq-e-ahsan is recognized mode of divorce and the Kerala High Court by judgment passed in the case of Saheer Vs. State of Kerala by judgment dtd. 13/11/2023 passed in Crl.MC.No.3632/2023 has held that since Talaq is recognized form of divorce under the Muslim law, therefore, the FIR and consequential proceedings against the petitioner therein is liable to be quashed.