A.K.ROOPANWAL, J. - (1.) THIS application u/s 482 Cr.P.C. has been moved for quashing the charge sheet dated 29.6.2002 as well as the entire proceedings of Case No. 5195 of 2002, State Vs. Rizwan Haider and others, u/s 498A, 323, 506 I.P.C. and 3/4 D.P. Act pending in the court of C.J.M. Allahabad. It appears from the record that an FIR through S.S.P, Allahabad, was lodged by O.P. No. 2, Smt. Sadaf Kulsoom alias Mona against the applicants and some others. It was said by her in the application sent to the S.S.P., Allahabad, that her marriage had taken place on 26.11.1999 with applicant no. 1, Rizwan Haider Kazmi. In the marriage Rs. 75000/-by cheque, Rs. 17,000/- in cash and the articles worth Rs. 7 lacs were given but even this could not satisfy the husband and his family members. From the very next date of the marriage her mother-in-law Smt. Husaini, father-in-law Ali Hasan Kazmi, sister-in-law Kumari Shabi, brother-in-law Shaju, brother-in-law, Smt. Sifsen wife of Kamar started demanding a Maruti Car, Air Conditioner and generator and on account of this demand they started committing cruelty upon her. She informed her father. On 17.8.2000 a female child was born to her after which the pace of atrocities accelerated and on 29.9.2001 she was badly beaten by the accused persons and they also tried to set her on fire. On 30.9.2001 her husband came to her father's house and left her there. He said that he would divorce her if Rs. 4 lacs were not paid. After many efforts her father sent Rs. 1 lakh but even then the accused were not satisfied. She was again beaten due to which she became ill. Her father received this information and took her to Prayag Nursing Home where she was admitted. It was reported in the C.T. Scan that her brain had swollen. On 2.12.2001 she came back to her husband's house. On 3.3.2002 her husband left her at her father's house and said that he would give divorce. The FIR was investigated upon and the charge sheet was submitted against the applicants. Affidavits have been exchanged between the parties.
(2.) I have heard Mr. S.F.A. Naqvi, learned counsel for the applicants, learned AGA for the State, Mr. S. A. Murtaza, learned counsel for O.P. No. 3 and perused the record. It has been argued by Mr. Naqvi that the proceedings of the present case were started by O.P. No. 3 in retaliation being aggrieved by the divorce given by the husband (applicant no. 1) to her. In support of the argument reliance was placed on the affidavits filed on behalf of the applicants. The affidavit of Ali Hasan Kazmi, which was filed with the application, shows that the husband and the wife were not at cordial terms. It was said that the complainant always behaved in a cruel and abnormal manner with the members of the family of her husband. She did not stay for a long at her husband's house and always wanted to remain at her parents' house. When the things did not improve, applicant no. 1 gave her divorce through Shariyat Adalat, Varanai, on 31.1.2002 and this divorce was directly sent to the lady by registered post by the Shariyat Adalat. After giving the divorce many applications were given by the husband that his wife could take revenge by lodging false cases against him and his family members. He also sent a cheque for Rs. 51000/- i.e. the amount of Mehar. The envelope of the cheque came back as on the address on which it was sent the complainant was not residing. It was also said by Mr. Naqbi that the alleged beating given on 29.11.2001 has not been confirmed by any medical evidence. On this date she was treated for some internal problem. In support of this argument Annexure no. 19 to the affidavit has been relied upon. It has also been said by Mr. Naqvi that out of seven persons named in the complaint four were found to be innocent. To the above Mr. Murtaza argued that the complainant was treated with cruelty by the applicants and thus, they should be tried as prima-facie evidence has been collected by the I.O. against the applicants. A look at the whole record would reveal that the FIR of the case was lodged in April 2002 while the divorce was given in January 2002 by applicant no. 1 to O.P. No. 3. Therefore, the FIR was lodged after the decree of divorce. If the things would have happened in the manner as alleged by O.P. No. 3 in the complaint then she would have made complaint prior to the lodging of the FIR or there would have been some evidence regarding beating etc. but nothing to this effect was made available by her on the record, hence this appears to me that the FIR was lodged by the wife just as a retaliatory measure and to take revenge when applicant no. 1 had divorced her. Therefore, in my view, the proceedings of the present case are sheer abuse of the process of the court and the husband and others should not be harassed by way of taking revenge by the wife. The application is allowed and the charge sheet dated 29.6.2002 as well as entire proceedings of Case No. 5195 of 2002, State Vs. Rizwan Haider and others, u/s 498A, 323, 506 I.P.C. and 3/4 D.P. Act pending in the court of C.J.M. Allahabad, are hereby quashed.;