KARNATAKA HIGH COURT
V. Srishananda, J.
Mohammed Asifoddin v. State of Karnataka
W. P. No. 201810 of 2024
1. Heard Sri Sanjay A Patil, learned counsel for the petitioner.
2. Notice issued to respondent No.2 is not returned nor acknowledgment received. Notice to respondent Nos.3 to 6 is not yet ordered.
3. The present writ petitions are filed under Art.226 of the Constitution of India r/w S.482 of the Code of Criminal Procedure praying to quash and set - aside the FIR dated 13.05.2024 bearing Crime No.0184/2024 vide Annexure A registered by Gudamba PS, Lucknow District, Uttar Pradesh under S.498A, S.313 and S.323 IPC pending on the file of the learned Addl. Chief Judicial Magistrate - VII, Lucknow, Uttar Pradesh and all other subsequent proceedings against the petitioners and to direct respondent No.1 police officials to provide police protections to the petitioners.
4. This Court heard regarding maintainability of the petitions in view of the prayer referred to supra.
5. Facts of the case in brief which are utmost necessary for disposal of the present petition are as under:
Respondent No.6 - Ms. Ankurita Sharma, claiming to be the wife of Mohammed Asifoddin - petitioner No.1 in WP No.201810/2024 filed a complaint with Gudamba Police Station, Lucknow, Uttar Pradesh for the offence punishable under S.498A, S.313 and S.323 of the Indian Penal Code.
6. Gist of the complaint averments would reveal that respondent No.6 came in contact with Mohammed Asifoddin in Bahrain wherein there was physical relationship and on insistence for marriage, she was insisted to convert herself to Islam and thereafter, marriage took place on 13.02.2024. She became pregnant and after completion of five months pregnancy, Mohammed Asifoddin sent her to Mumbai in the pretext of medical treatment at Salwa Hospital, Chembur, Mumbai.
7. It is her specific allegation that it was a clever sketch of cheating on her and Mohammed Asifoddin instructed the doctors to abort the pregnancy.
8. Thereafter, at the instructions of Mohammed Asifoddin, she had visited his house at Bidar wherein brother - in - law by name Faheem and other brothers and sisters tortured her mentally, and physically assaulted her. Being unable to bear the torture, she had to leave the house. Therefore, she sought for action.
9. The Gudamba police registered the case in FIR No.184/2024 and case is now pending for investigation. In the meantime, petitioners herein have filed the present petitions seeking quashing of the pending FIR.
10. Grounds urged in the petitions are as under:
The allegations in the FIR taken in its entirety do not make out a case whatsoever against the Petitioners herein. The action of the Respondent No.5 Police in the institution of the FIR and dragging the name of the Petitioners have caused serious threat to the life and liberty of the Petitioners and hence violative of Article - 21 of the Constitution of India.
That the facts elicited from the Complaint dated 12.05.2024 are devoid of criminality as regards the Petitioners herein. The Respondent No.6 has given a criminal colour to a family matter only so as to harass the petitioners, which is nothing but abuse of process of law.
That the allegations in the FIR and the Complaint dated 12.05.2024 if taken into consideration the allegations against the Petitioners herein do not prima facie establish any offence much less the offences as alleged in the FIR and the chances of a conviction against the Petitioners herein are bleak and no useful purpose is likely to be served by allowing a criminal prosecution to be continued against the Petitioners.
That no allegations of any kind are attracted against the Petitioners for the offences U / S.498 - A, 313 and 323 IPC.
That the cause of action as per the complaint dated 12.05.2024 and the FIR dated 13.05.2024 arose in Bidar, Karnataka against Petitioners and this Hon'ble Court has the jurisdiction under Art.226(2) of the Constitution of India.
No incident as alleged in the Complaint dated 12.05.2024 and FIR dated 13.05.2024 took place in Lucknow, Uttar Pradesh. Hence no cause of action ever
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