COMMON ORDER:

1. Both these Criminal Petitions are filed under Section 482 of the Code of Criminal Procedure, 1973 (for short (cid:145)Cr.P.C.(cid:146)) by the petitioners/A2 & A3 in Crl.P.No.8838 of 2021 and petitioner/A1 in Crl.P.No.1899/2022, to quash the proceedings against them in C.C.No.2860/2021 on the file of X Additional Chief Metropolitan Magistrate, Secunderabad. The offences alleged against them are under Section 420 r/w.34 & 494 of the Indian Penal Code and Sections 3 and 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

2. Since the petitioners in both the criminal petitions are accused in the same C.C. i.e. C.C.No.2860/2021, both the petitions are disposed by this common order.

3. Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent (cid:150) State.

Perused the record.

4. The 2nd respondent filed a complaint alleging that she married Accused No.1 on 29.08.2014 and the marriage was performed in accordance with Muslim customs. At the time of marriage Rs.35,000/- dowry, 6 Tulas of gold, 20 Tulas of Silver, a bike, complete furniture, electronic items were given. However, after marriage, the parents-in-law started harassing the 2nd respondent for not getting enough dowry and also ridiculed her for the articles that were given at the time of marriage. On 02.10.2015, the family members of the Accused No.1 went to her house and forced the 2nd respondent to sign on blank papers. Later she filed a maintenance case and also DVC proceedings. After some time, Accused No.1 took her back. However, the 2nd respondent came to know that Accused No.1 submitted divorce certificate in Women Police Station, Begumpet. The said divorce certificate was dated 17.06.2019, which was submitted by Accused No.1 on 09.07.2019. On verification it was noticed that the certificate was fake and it was deliberately prepared with the help of (cid:145)Qazi(cid:146) namely Mohammed Habeeb-ur-Rahman Quadri who is a resident of Musheerabad and also the petitioners herein.

5. The police having received the complaint, registered the offence under Sections 420 r/w 34 of the Indian Penal Code and Sections 3 & 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

6. Having completed investigation, present charge sheet was filed for the offences under Sections 420 r/w.34 and 494 of the Indian Penal Code and Sections 3 & 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019.

7. Learned counsel appearing for the petitioners would submit that these petitioners have been falsely implicated without there being any evidence of their involvement in the alleged preparation of divorce certificate. A complaint was already filed under 498-A, 420 of the Indian Penal Code and Sections 4 & 6 of the Dowry Prohibition Act, which is pending as C.C.No.2840 of 2020 against A1 and his family members. The police have filed a separate charge sheet foisting the present case without any tenable evidence. The question of attracting offences under Section 494 of the Indian Penal Code and Sections 3 & 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019, does not arise, accordingly, prayed to quash the proceedings against the petitioners/friends of A1.

8. On the other hand learned counsel appearing for the 2nd respondent would submit that it is the specific case of the police that these petitioners were complicit in fabricating a divorce certificate. For the reason of preparing a false document, these petitioners are liable and consequently they have to be tried by the competent Court. The proceedings against these petitioners cannot be quashed for the reason of abundant evidence to prosecute them for the penal provisions for which they are charge sheeted. These petitioners are arrayed as accused on the ground of investigation revealing their complicity in preparing the alleged fabricated divorce certificate. The basis for arraying these petitioners as co-accused along with petitioner/