IMPORTANT POINT
FIR cannot be quashed when charge-sheet has already been filed by prosecution.

JUDGMENT

Rakesh Kainthla, J.—The petitioner has filed the present petition for quashing the FIR No.23 of 2022, dated 06.05.2022, registered for the commission of an offence punishable under Section 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (in short ‘the Act’) at Police Station Dhanotu, District Mandi, H.P.

2. Briefly stated, the facts giving rise to the present petition are that the informant Aaftab Mohammad filed an FIR before the police stating that his daughter Andleev Aftab Durrani (the victim) was married to Shehwaj Khan (petitioner) on 12.12.2020. The petitioner was informed that the victim has to undergo training as an Ayurvedic Doctor. The petitioner expressed his consent for the same. The petitioner demanded the dowry, which was provided. The petitioner and his father started harassing the victim for bringing more dowry. She tried to adjust in her matrimonial home but she was harassed mentally and physically. She suffered the harassment with the hope that the situation would improve but the situation did not improve. She got admission to the MD Course at Navi Mumbai. The petitioner and his family members became aggressive and threatened her. The petitioner threatened to divorce her. He sent a written divorce on 25.04.2022 by levelling false and baseless allegations. The divorce sent by the petitioner is a violation of Section 3 of the Act; hence, it was prayed that an action be taken against the petitioner.

3. The police registered the FIR and conducted the investigation. The police got the statement of the victim recorded under Section 164 of Cr.P.C., who disclosed that the petitioner had divorced her by pronouncing Triple Talaq on 13.01.2022. Hence, the police filed a charge sheet before the Court.

4. Being aggrieved from the registration of the FIR, the petitioner has filed the present petition for quashing it. It has been asserted that the victim left her matrimonial home on 14.01.2022 without informing the petitioner and his family members. The petitioner tried to contact her but she did not respond. He even sent text messages to her phone but received no response. The petitioner was left with no other option but to send the first communication of Talaq by pronouncing the word Talaq as per Talaq-e-Hasan. After receiving the communication, the informant filed a false complaint at the police station. A false FIR was registered against the petitioner. The first notice of Talaq is not instantaneous but is revocable. The second notice of Talaq was issued on 25.05.2022, which is again revocable. The third pronouncement of Talaq was sent along with the cheque of ¹ 15,000/- as maintenance for the iddat period. This form of Talaq is approved by Prophet Mohammad and is valid according to all schools of Muslim Law. This Talaq has not been made illegal under the Act. The FIR was wrongly registered. The continuation of the proceedings is an abuse of the process of the law; therefore, it was prayed that the present petition be allowed and the FIR be quashed.

5. The State filed a reply reproducing the contents of the FIR. It was asserted that the Police collected the photocopies of Nikkahnama and the notice of divorce. The victim made a statement under Sections 161 and 164 of Cr.P.C., in which she stated that the petitioner called her into the room and gave her instant divorce by pronouncing Talaq thrice on 13.1.2022. Thereafter, the informant told the victim that the petitioner had issued the first notice of Talaq in April 2022. The police found after investigation that the petitioner had committed the offence punishable under Section 4 of the Act. The charge sheet has been filed and is pending before the Court. The petitioner had informed her neighbour-Smt. Kunta Devi about the Triple Talaq, who affirmed it in her statement. There was sufficient material to file the charge sheet and the Competent Court was seized of the matter; therefore, it was prayed that the present petition be dismissed.

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