BASHIR AHMAD DADA Vs. GHULAM MOHI UD DIN

JUDGEMENT

(1.) The petitioners have challenged the complaint filed by the respondent against them alleging commission of offences under Sec. 420 and 506 RPC. Challenge has also been thrown to order dtd. 4/6/2018, whereby learned Forest Magistrate, Srinagar, has taken cognizance of the complaint and after recording the satisfaction that offence under Sec. 420 RPC is made out against the petitioners is made out, issued process against them.

(2.) It appears that the respondent herein has filed the impugned complaint before the trial Magistrate against the petitioners alleging therein that his son got in touch with petitioner No.3 herein through internet communication and the two developed liking for each other. It is further alleged that the respondent approached petitioner Nos.1 and 2, who happen to be the parents of petitioner No.1, for formalizing the marriage between their children. It is averred that the marriage between son of the respondent and petitioner No.3 was solemnized on 5/2/2011 at Delhi. It is alleged that it came to the knowledge of the son of the respondent that the petitioners have practised fraud upon him by concealing the fact that petitioner No.3 had a subsisting marriage with one Sheikh Arshul Firdousi. Along with the complaint, the respondent placed on record a copy of the marriage agreement entered between petitioner No.3 and aforenamed Sheikh Arshul Firdousi. It is further averred in the complaint that out of the wedlock between son of the respondent and petitioner No.3, one female baby is born. The respondent has alleged in the complaint that the petitioners under a design and a criminal plot played fraud upon him and his son by concealing the factum of previous marriage between petitioner No.3 and aforenamed Sheikh Arshul Firdousi. It is also averred in the complaint that due to this, the relations between son of the respondent and petitioner No.3 became strained and ultimately resulted in a divorce. Son of the respondent is presently stated to be residing in Thailand where he has established his own business. It is also alleged in the complaint that the respondent is directly and indirectly getting threats from the petitioners.

(3.) The learned trial Magistrate has, after recording preliminary evidence, recorded satisfaction that offence under Sec. 420 RPC is made out against the petitioner and issued process against them in terms of impugned order dtd. 4/6/2018.