SAMEENA BEGUM Vs. STATE OF TELANGANA

JUDGEMENT

(1.) This Criminal Petition is filed under Sec. 482 of the Code of Criminal Procedure, 1973 (for short 'Cr.P.C.') by the petitioner/accused No.2 seeking to quash the proceedings against her in CC.No.20 of 2020 on the file of the Special Judicial First Class Magistrate for Excise Cases, at Manoranjan Complex, Nampally, Hyderabad, for the alleged offence punishable under Ss. 494, 420, 506, read with Sec. 34 of the Indian Penal Code, 1860 (for short 'IPC').

(2.) The brief facts of the case are that on 2/8/2018 the respondent No.2/de facto complainant lodged a complaint stating that he got married to petitioner/accused No.2 on 7/12/1996 and out of wedlock, they were blessed with three sons and three daughters. At present, the respondent No.2 is residing in Saudi Arabia for employment and the petitioner along with her children is residing in Hyderabad for personal issues and education. Thereafter, when their son by name Nader complained to respondent No.2 about the illicit and extra marital relationship of petitioner/accused No.2 with one person by name Moiz/accused No.1, on enquiry, the respondent No.2 came to know that with support of fabricated and forged documents, the petitioner/accused No.2 and accused No.1 managed to obtain official divorce from respondent No.2 and then the petitioner/accused No.2 married accused No.1 and they were blessed with two children. The respondent No.2 alleged that the petitioner/accused No.2 and accused No.1 threatened him and his family with dire consequences and that they also abducted his children. Therefore, stating that the said acts of petitioner/accused No.2 and accused No.1 are against the principles of Muslim personal law, as well as, the same comes under the matter of adultery, bigamy, cheating, forgery, abduction and criminal intimidation, filed complaint requesting serious action against the petitioner/accused No.2 and accused No.1, as per law.

(3.) On receipt of said complaint, the Police investigated the matter and on completion of investigation, the Police filed charge sheet, wherein, the petitioner was arrayed as accused No.2 for offence punishable under Ss. 494, 420, 506, read with Sec. 34 of the Indian Penal Code (for short 'IPC'). Aggrieved thereby, this Criminal Petition is filed.