AZAZ HUSSAIN Vs. J AND K STATE

JUDGEMENT

(1.) Azaz Hussain petitioner has approached this Court for quashing of FIR No. 34 of 2001 dated 14-9-2001 of police station Kalakote and the subsequent proceedings initiated in this behalf by the learned Judicial Magistrate, Kalakote.

(2.) Precisely stating the facts of the case are that by virtue of docket addressed to Police Station Kalakote accompanying with the record of No. 20 of 14-9-2001 maintained in the case diary of Police Station Rajouri for the registration of the case stating that Mohd Amin, ASI, who on 14-9-2001 was on duty recorded the statement of an injured, namely, Mst. Saleema Akther wife of Azaz Hussain resident of Dam Barota tehsil Kalakote, who stated that about 6 to 7 years back she is married to Azaz Hussain and she is being harassed by way of beating in her matrimonial house by her husband Azaz Hussain, Imtiyaz Ahmad, her brother-in-law, Mst. Nqz Bi, Mst, Hakam Bi, Kalalat Bi, Kulsum Rashida, Minshi Gh. Hassan all residents of Barota tehsil Kalakote and that her husband contracted his second marriage, on her asking about it her husband and others beat her and also asked her to get an amount of Rs. 16,000.00 to Rs. 15,000.00 from her parents besides maize and rice. In case she fails to do so, she will be turned out from the house, that on her failure to meet their demands, her husband along with other said persons beat her and she apprehends danger to her life at their hands. Pursuant to this report, the FIR in question came to be registered after usual investigation, the police Kalakote have charge-sheeted the petitioner alongwith other accused before the Court of learned Judicial Magistrate, Kalakote for offence under Ss. 498-A and 323.

(3.) The stand of the petitioner through the medium of the petition is that the informant Mst. Saleema Akther was married to him but this marriage came to an end in a local Panchayat in which on 12-8-2001, he pronounced Talaqk to her. It is further submitted that said informant in her civil suit No. 2 Pauper dated 23-3-2002 pending before the learned District Judge, Rajouri, she has admitted that after pronouncement of Talaq to her on 12-8-2001 by her husband Azaz Hussain, she was turned out from her matrimonial home. It is also contended that in the said civil suit said Mst. Saleema Akther made a statement before the learned District Judge, Rajouri wherein she admitted the factum of Talaq pronounced to her by her erstwhile husband the petitioner-Azaz Hussain. On the strength of these contentions, it is urged that the FIR on the face of it is based on concocted facts therefore, the proceeding initiated against the accused in the criminal case on the basis of FIR in question for an offence under S. 498-A is not sustainable.