NILOFER KHAN Vs. MOHD YUSUF KHAN

JUDGEMENT

(1.) This criminal revision under Section 397 read with section 401 of the Cr.P.C. filed on behalf of the applicant/complainant Nilofer Khan is directed against the order dated 21.01.2013 passed by the Court of 6th Additional Sessions Judge, Bhopal in Criminal Revision No.844/2012, whereby the order dated 01.09.2012 passed by the Court of JMFC, Bhopal directing registration of complaint against the respondent/accused her Ex-husband Mohammad Yusuf Khan under Section 420 of the IPC, was set aside.

(2.) The facts necessary for disposal of this criminal revision may briefly be stated thus: applicant Nilofer Khan filed a private complaint on 28.03.2012 against her Ex-husband Mohammad Yusuf Khan under Section 200 of the Cr.P.C. for offences under Sections 419, 420 and 506 of the IPC. It was alleged in the aforesaid private complaint that the respondent/accused approached the family members of the applicant/complainant with a proposal for marriage and disclosed that he has done his doctorate and is in Government Service. He represented that his age was 45 years. From the appearance of the accused also, it could not be said that he was making a false statement regarding his age. On the basis of aforesaid facts, complainant consented to marry and their marriage was performed on 23.12.2012 as per Muslim rites. In the marriage deed (Nikaahnama), accused recorded his age as 45 years. However, when the complainant went to live with the accused at Indore, she learnt from his certificates regarding his educational qualifications etc. that his age was more than 60 years. As such, the accused had defrauded the complainant by making aforesaid false representation with regard to his age and had obtained consent from the complainant for marriage. The complainant was mentally hurt by the discovery and felt that her future was dark. At the time of the marriage, age of the complainant was only 35 years.

(3.) It has further been submitted in the private complaint that on 11.12.2011, the complainant confronted the accused with the information as to his age but the accused responded by bluntly telling her that since the marriage had been performed, there was nothing she could do about it. When the complainant told the accused that she would complain to her family members, the accused got enraged and abused and beat up the complainant. The dispute between the parties continued and she was beaten up on multiple occasions. Ultimately on 16.10.2011, the accused turned the complainant out of her matrimonial home. The following night, the accused visited the complainant's parental home and abused her family members. He threatened and manhandled the complainant.