SYED ABDUR RAB Vs. STATE OF TELANAGANA

JUDGEMENT

(1.) The present Criminal Petition is filed by the petitioner/A7 under Section 482 of Cr.P.C., seeking to quash the proceedings initiated against him in S.C.No.17 of 2019 on the file of the V Additional District and Sessions Judge, Kothagudem.

(2.) The facts in issue are as under:

(3.) Learned Counsel for the petitioner/A7 would submit that the petitioner/A7 is the Government Khazi appointed under G.O.Ms.No.16, dated 06.05.2006 by Minorities Welfare (Wakf-I) Department, Government of Andhra Pradesh. As per Khazi's Act, 1880 it is not necessary that Government Khazi shall only perform marriages of Muslims under Muslim law and it is crystal clear that any Khazi can perform marriage. It is stated that the Government Khazi shall supply Qazzath Siyah form/marriage form to the Kazi, parties to the marriage on their application declaring to be unmarried and to undergo marriage. The filled form and the Nikha Nama, if any, will be re-submitted to the Government Kazi and he shall forward it to the Wakf Board. The Government Kazi has nothing to do with the said process of marriage done by other Kazi. The marriage between the 3rd respondent and A1 was performed on 23.11.2011 at Kothagudem as per Customs and Rites prevailing in Muslim community by Mr. Mohd. Rayees Ahmed, S/o. Faqruddin, R/o. Kothagudem, under marriage booklet issued by Andhra Pradesh State Wakf Board, Hyderabad, vide No.45193, dated 23.11.2011. The petitioner/A7 had not performed the said marriage. The allegation against the petitioner/A7 that he had concealed the earlier marriage of A1 and performed the marriage of A1 with the 3rd respondent is totally false. Hence, there is no case at all against the petitioner/A7 and the proceedings are liable to be quashed.