The court emphasized the necessity for adherence to legal procedure in cognizance of non-cognizable offences, reinforcing the right to fair trial and requiring written complaints for filing concerning false information to uphold justice.

JUDGMENT :

PRAVEEN KUMAR GIRI, J.

1. Heard Mr. Satish Kumar Dubey, Advocate holding brief of Mr. Manoj Kumar Pandey, learned counsel for the applicant, Mr. Najam Uz Zaman Khan, learned counsel for O.P. No.2 and Sri Pankaj Kumar Tripathi, learned A.G.A. for the State.

2. Learned counsel for the applicant submits that he has filed the instant application under Section 528 BNSS (Corresponding Section 482 Cr.P.C.) with the relief which has been mentioned in the prayer clause of the application.

3. The relief which has been mentioned in the application is delineated below:-

"It is, therefore, most respectfully prayed that this Hon'ble Court may graciously be pleased to quash the impugned Cognizance/summoning order dated 23.10.2024 including the entire proceedings of Misc. Case No. 750/12/2024 (Dr. Mahmood Alam Khan vs. Umme Farva and others) pending in the Court of Chief Judicial Magistrate, Aligarh arising out of Case Crime No. 1004/2023, Under Sections 506, 507 IPC registered at Police Station-Kwarsi, District-Aligarh."

4. The brief facts of this case as per the First Information Report is that the Informant/O.P. no.2 was working as a Research Professor in the year 2020 at Hanyang University, Seoul. Wife of informant (i.e. present applicant) was living in a live-in-relationship with one Afzan Khan, a resident of Chongiu University, Korea. When the informant came to know about this relationship, he complained to Korea Police on the one hand and also took exception to his wife, then she took divorce from the informant and as per Sharia, their relationship ended. In order to save the future and career of his elder child, the informant left his job and filed a case for guardianship in the Family Court, Aligarh under the Guardians and Wards Act on 05.02.2021, which is still pending. Further allegation in the FIR is that, wife of the informant and her live-in partner are using facebook for defaming the informant and his daughter by uttering unwarranted, uncalled for and filthy language towards them. The accused have also threatened the informant, not to come or live in India, otherwise he would be eliminated.

5. The opposite party No. 2 (Husband) lodge First Information Report as Case Crime No.1004 of 2023 under section 504, 507 IPC, Police Station-Kwarsi, District-Aligarh against the applicant-accused (wife).

6. Learned counsel for the applicant submits that the applicant, who happens to be wife of O.P. no.2, has never committed any offence, as alleged against her in the FIR, but she has been implicated in this case, as well as other cases due to mala-fide intention, just to harass her and no reason. He submits that marriage of the applicant was solemnized with O.P. no.2 according to Islamic rites and rituals on 14.04.2008 and just thereafter, O.P. no.2 has started harassing her and she was also subjected to various kinds of cruelty. He next submits that, even after birth of a son, within the wedlock, even then the behaviour of O.P. no.2 did not improve, so the applicant-wife was not happy with the husband i.e. O.P. no. 2. He submits, that O.P. no.2 even ousted the applicant from her in- laws’ house, so she was left with no choice, but to reside in her parental house. He submits that, when the applicant started living at her parental home, the O.P. no.2 has filed several complaints against her, on the basis of false allegations and the present criminal proceedings is also outcome of one of