Syed Rabbani Pasha And Another vs State Of Telangana And Another

Both these Criminal Petitions are filed under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) 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.

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.

Heard learned counsel for the petitioners and learned Additional Public Prosecutor for the respondent – State. Perused the record.

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 ‘Qazi’ namely Mohammed Habeeb-ur-Rahman Quadri who is a resident of Musheerabad and also the petitioners herein.

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.

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.

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.

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/A1 is the confession that was made by the petitioner/Accused No.1 and also that they have prepared a false document with the help of ‘Qazi’, who was A4 and shown as absconding.

The said divorce certificate is not subjected to any forensic test to ascertain that the certificate has been fabricated by the petitioners/A2 & 3, in any manner. On the basis of confession allegedly made during the course of investigation during the pendency of the crime, such confession cannot be made basis to frame a charge for the offence of either cheating or any other criminal offence.

Pursuant to any confession made, in the event of the Police collecting any supporting evidence or corroborating evidence to substantiate whatever the Police have found during the course of investigation can only be made basis to prosecute the accused. Without any corresponding corroborating evidence, oral or documentary, the confession which is inadmissible under Section 25 of the Indian Evidence Act, cannot be made basis to continue the prosecution against the petitioners/A2&3. Admittedly, the alleged fabricated certificate was seized at the instance of petitioner/Accused No.1.

The Honourable Supreme Court in Dipakbhai Jagdishchandra Patel v. State of Gujarat (2019) 16 SCC 547 held that a confession made during the course of investigation cannot form basis to frame a charge against the accused. For the said reasons, the petitioners/A2 and A3 succeed in Crl.P.No.8838/2021.

The alleged fabricated divorce certificate was produced by petitioner/A1. Whether the document is fabricated and whether the 2nd respondent was cheated by A1 can only be ascertained after trial. For the said reasons, there are no grounds to quash the proceedings against the petitioner/A1 in Crl.P.No.1899 of 2022.

Accordingly, Crl.P.No.8838 of 2021 is allowed and the proceedings against petitioners/A2 and A3 in C.C.No.2860/2021 on the file of X Additional Chief Metropolitan Magistrate, Secunderabad, are hereby quashed. Crl.P.No.1899 of 2022 filed by Accused No.1 is dismissed.

Miscellaneous applications pending, if any, shall stand closed.