MOHAMMED OMAR FAISAL Vs. STATE OF TELANGANA

JUDGEMENT

(1.) The petitioner is the accused in Cr.No. 479 of 2018 of Chilkalguda Police Station, Hyderabad, registered for the offence punishable under Section 420IPC on the report of the 2nd respondent-defacto-complainant. It is impugning said crime proceedings, the quash petition is filed.

(2.) The report of the defacto-complainant-Mohammed Abdul Mujeeb in registration of the crime reads that he is working in Soudi since 1992 and the accused Mohd.Omar Faisal, who is his relative also now in Soudi, that both are originally residents of Padmarao Nagar viz; defacto-complainant at H.No.6-1-342/F and the accused at H.No.6-1-342/G, that the accused cheated him for a sum of Rs.50,000/- for a promise to arrange enrolment for the year 2012-13 fro distance education in B.A. and Computer Education Diploma with CMJ University and APTech Computer Education respectively. The petitioner is harassing him and tried to extract Rs.2lakhs. As the defacto-complainant could not proceed with the proposed education due to bearing of marriage expenses of his son and asked the petitioner/accused for refund of his amount for which the accused saying that he has already made arrangements to have someone to sit in for him for exams, that later the defacto-complainant received e-mail with copies of university degree and computer certificate and upon his asking about those without writing examination, the petitioner/accused indicated that those are just sample copies of the originals and when he made attempt to reach university and APTech Computer Education personnel about the certificates, there was no response. When he confronted the petitioner/accused about certificates and criminal approach, he behaved rudely and threatened with dire consequences and as the defacto-complainant is having busy work schedule, he did not pay attention to the e-mails of the petitioner/accused but kept on asking for refund for which the petitioner/accused continued to threaten with dire consequences and also started filing false cases by romantically linking him with the wife of petitioner/accused and as a part of it to build up pressure on him, the petitioner/accused filed a suit for damages of Rs.11lakhs. It is further submitted that the defacto-complainant came to know that the certificates are not authentic and the petitioner/accused cheated many and realized that the script in APTech certificate was written and that matches with the style of signing "line and two dots' underneath it and his attorney is in the process of authenticating the certificates through the specified organizations. On arrival in night of June, 12, 2018 for Eid holidays both of them came to India, to spend Eid holidays where the defacto-complainant again asked the petitioner/accused for refund for which the accused rudely replied that if the defacto-complainant not pays Rs.2lakhs, he would report to police of the defactocomplainant is in possession of fake certificates and gaining employment benefits and saying so handed over to him the same certificates which were sent to him through e-mail which are fake and also threatened him to kill if he continues to ask for refund. To his shocking and on legal advice, the defacto-complainant approached the police. Hence to take action.

(3.) The petitioner/accused herein as plaintiff filed suit O.S.No.69 of 2018 on 26.12.2017 before III Addl.Senior Civil Judge, Secunderabad which is about 8 months prior to the giving of the present complaint and registration of FIR dt.31.08.2018, claiming damages of Rs.11lakhs against two defendants viz; his wife by name Fathima Farisa as 1st defendant (D.1) and the defacto-complainant Mohd.Abdul Mujeeb herein as 2nd defendant(D.2) with the averments that his marriage with the D.1 was performed on 23.12.2001 at Secunderabad as per Muslim law and they lived for some time happily and after 45days of marriage the plaintiff/accused left Damman(KSA) to join his services and called his wife-D.1 to Damman and she joined his conjugal society and she became pregnant and came back to India for delivery and was blessed with two male children (twins) namely Mohammed AfnaanTaseer aged about 15 years and Mohammed Izhaan Taseer, aged about 15years and they are under the custody of the Plaintiff's-/accused parents. The D.1 was also blessed with a female child namely Tamkanat Eeman, aged about 8 born on 20-05-2009, who is also now under the custody of the parents of the plaintiff/accused. The accused is currently working in Saudi Arabia and he further submits that his wife is having illicit intimacy with one P.Sashi Kumar, R/o. Boiguda, Secunderabad and when questioned on his return to India in September 2014, with the intention of settling in India permanently, D.1 instead of mending her ways, left his matrimonial society in the first week of October 2014 by leaving behind the male twins but taking the girl child with her to her parents in West Marredpally. The family members of his wife/D.1 assaulted father of the plaintiff/accused and broke his hand on February 2015 and a case in Cr.No.140 of 2015 was registered by Chilkalguda Police. The plaintiff/accused submits that he filed a petition under Section 7 to 10 and 25 of Guardians of the Family Court Act 1984, seeking the custody of his minor daughter, vide Family O.P.No.202 of 2015 and said case at the intervention of the religious leaders and with rejoining of his wife, was dismissed for default on 28.10.2015 and the FIR No.140 of 2015 was also closed. The plaintiff/accused again for employment went to Saudi Arabia in the month of August 2015 and during this time his wife again began to develop intimacy with his uncle (younger brother of his father)-Mohammed Abdul Mujeeb/D.2, the defacto-complainant herein who was also working in Saudi Arabia. The D.2 used to send objectionable messages to his wife/D.1 such as "Tera dhiyankidarhaitera hero idharhai." He also used to address her as "sweety". The D.1 replied as "You are my ever green hero." The D.2 kept on sending several objectionable Whats App messages to the D.1. The accused is in possession of one such telephonic conversation, between the D.1 and the D.2 which is as follows:-