SHEHWAZ KHAN Vs. STATE OF H.P

JUDGEMENT

(1.) The petitioner has filed the present petition for quashing the FIR No.23 of 2022, dtd. 6/5/2022, registered for the commission of an offence punishable under Sec. 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (in short 'the Act') at Police Station Dhanotu, District Mandi, H.P.

(2.) Briefly stated, the facts giving rise to the present petition are that the informant Aaftab Mohammad filed an FIR before the police stating that his daughter Andleev Aftab Durrani (the victim) was married to Shehwaj Khan (petitioner) on 12/12/2020. The petitioner was informed that the victim has to undergo training as an Ayurvedic Doctor. The petitioner expressed his consent for the same. The petitioner demanded the dowry, which was provided. The petitioner and his father started harassing the victim for bringing more dowry. She tried to adjust in her matrimonial home but she was harassed mentally and physically. She suffered the harassment with the hope that the situation would improve but the situation did not improve. She got admission to the MD Course at Navi Mumbai. The petitioner and his family members became aggressive and threatened her. The petitioner threatened to divorce her. He sent a written divorce on 25/4/2022 by levelling false and baseless allegations. The divorce sent by the petitioner is a violation of Sec. 3 of the Act; hence, it was prayed that an action be taken against the petitioner.

(3.) The police registered the FIR and conducted the investigation. The police got the statement of the victim recorded under Sec. 164 of Cr.P.C. who disclosed that the petitioner had divorced her by pronouncing Triple Talaq on 13/1/2022. Hence, the police filed a charge sheet before the Court.