RAKESH KAINTHLA
Shehwaz Khan – Appellant
Versus
State of H. P. – Respondent
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 pe
Mahmood Ali and Ors. vs. State of U.P and Ors.
A.M. Mohan vs. State [2024] 3 S.C.R. 722 : 2024 INSC 233:2024 SCC OnLine SC 339.(Para 13) – Relied.
Maneesha Yadav vs. State of U.P.
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
FIR cannot be quashed when charge-sheet has already been filed by prosecution.
The provisions of the Muslim Women (Protection of Rights on Marriage) Act, 2019 apply only to the husband, not to in-laws, and mere delay in filing an FIR does not warrant quashing without further ev....
Talaq by registered post – There cannot be common intention of pronouncement of Talaq – It would be abuse of process of law if matter is asked to be proceeded for offence punishable under Section 4 o....
The court established that the classification of talaq as instantaneous and irrevocable (talaq-e-biddat) is essential for attracting penalties under the Muslim Women (Protection of Rights on Marriage....
The legal implications of Triple Talaq as an offence under the Muslim Women (Protection of Rights on Marriage) Act, 2019 and the criteria for quashing an FIR based on malafide intent and previous FIR....
The court held that the talaq pronounced was not instantaneous and irrevocable, thus not constituting an offence under the Act, as it failed to meet legal requirements.
The court established that any talaq pronounced in a manner contrary to the provisions of the Muslim Women (Rights on Marriage) Act is void and illegal.
The court concluded that the validity of talaq notices must be determined based on whether they adhered to lawful Islamic principles, affirming the illegality of instant triple talaq under current la....
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