Serial No.01 Regular List HIGH COURT OF MEGHALAYA AT SHILLONG Date of hearing :16.02.2026 Crl. Petn. No.02 of 2024 Date of Pronouncement : 21.02.2026 Service No. DCRB/NGN/2021/08/11 Mohammad Rizwan, Aged about 30 years Sub-Inspector, Meghalaya Police, S/o- Mohammad Saimullah, R/o- Happy Valley, Shillong, Meghalaya.

…..Petitioner -VERSUS-

1. State of Meghalaya, Through the Public Prosecutor, The High Court of Meghalaya, At Shillong.

-And-

2. Mrs. Jahanara Khatun, D/o- Md. Sikandar Ali, R/o- Aftabudin Lane, Ward 10, Bidyapara Dabri, Dhubri, Assam-783301. …..Respondents Coram:

Hon’ble Mr. Justice B. Bhattacharjee, Judge Appearance:

For the Petitioner/Appellant(s) : Mr. S. Chakraborty, Sr. Adv with Mr. E. Laloo, Adv.

For the Respondent(s) : Mr. H. Kharmih, Addl. PP, (R-1)

Ms. N.M. Kharshemlang, Adv (R-2)

Judgment and Order

1. Heard Mr. S. Chakraborty, learned Senior Counsel assisted by Mr. E. Laloo, learned counsel appearing for the petitioner, Mr. H. Kharmih, learned Addl. PP. appearing for the State-respondent No.1 and Ms. N.M.

Kharshemlang, learned counsel appearing for the respondent No.2.

2. By this application under Section 482 of the Criminal Procedure Code 1973 (for short Cr.PC), the petitioner has prayed for quashing of the FIR dated 19.09.2023 filed by the respondent No.2 addressed to the Superintendent of Police, East Khasi Hills District, registered as the Madanriting Police Station Case No. 103 (10) of 2023 u/s 376/ 498A/ 506 IPC read with Section 4 of the Dowry Prohibition Act, 1961.

3. The petitioner is serving as a Sub-Inspector in Meghalaya Police. He got married to the respondent No.2 on 08.06.2023 under the Muslim Personal Law. The marriage was solemnized at their ancestral village in Bihar. After, about 10 days of the marriage, they came to Shillong along with other family members of the petitioner and started residing in the rented house of the petitioner situated at Happy Valley, Shillong. On 07.08.2023 the respondent No.2 left Shillong with her father and sister to her parental home. Thereafter, the FIR dated 19.09.2023 was lodged against the petitioner and his family members by the respondent No.2 to the Superintendent of Police, East Khasi Hills District, which was subsequently registered at the Madanriting Police Station. For the sake of facility, the FIR is extracted below: -

“With due respect and humble honor, I Jahanara Khatun, w/o- Sub-Inspector bearing Service no: DCRB/NGN/2021/08/11 Mohammad Rizwan, resident of 298 Shillong, Happy Valley, A.R. Bazar, East Khasi Hills- 793007 Shillong, Meghalaya, and permanent resident of Aftabudin Lane, Ward 10, Bidyapara Dabri, Dhubri, Assam-783301.

Sir, I want to state that we were married on 8/06/2023 at our village Hanumanganj Katalpur, P.S- Mashrak, district- Saran Bihar, were his family had lie everything about them self and during the marriage, their family had asked for huge dowry along with Royal Enfield bike, and had demanded gold ornaments for the guy and they give us warning that if my father wont full-fill their demand they would refused the marriage by which my father was forced to give them during marriage. But after marriage my mother in law, took all my gold ornaments that my parents and relatives give me in wedding. After 10 days of marriage I was taken by them to Shillong and were I was thinking that whatever happened in Bihar it wont happen here and my husband would be happy as his all desires was full-fill by my father, but Mohammad Rizwan was forcing me every night and was raping me brutally, even if I stop him and sought for help no one stand out for me in the house, his family use to lock me inside the house and treat me as an animal, were I was not allow to talk with anyone, or to see anybody, and if by mistake the neighbor show me or try to talk with me my in laws along with my sister in law raise their hands on me and abuse me and my family, and since marriage they started to heated me and they always abuse me and my family that what we have given them