Shafiya Khan at Shakuntala Prajapati v. State of U.P
Shafiya Khan at Shakuntala Prajapati v. State of U.P
Shafiya Khan at Shakuntala Prajapati v. State of U.P
IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). 200 OF 2022
(Arising out of SLP(Crl.) No(s).8283 OF 2021)
SHAFIYA KHAN @ SHAKUNTALA
PRAJAPATI ….APPELLANT(S)
VERSUS
STATE OF U.P. & ANR. ….RESPONDENT(S)
J U D G M E N T
Rastogi, J.
1. Leave granted.
2. This appeal is directed against the order dated 8 th September,
declining to interfere in the criminal proceedings initiated against
Signature Not Verified
Digitally signed by
SATISH KUMAR YADAV
Date: 2022.02.10
17:54:04 IST
Reason:
the appellant at the instance of respondent no.2/complainant
(botherinlaw of the appellant).
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3. The case of the appellant is that she was born in a Hindu
family and was married in May 2009 when she was a minor (17
years) to one Shiv Gobind Prajapati with whom she never stayed
and the marriage was never consummated. In the divorce petition
which was filed by Shiv Gobind Prajapati, it was admitted that the
dissolved through Village Panchayat in 2014 between the families
being voidable under Section 5 of the Hindu Marriage Act, 1955
dissolved and annulled by the families of the appellant and Shiv
Gobind Prajapati.
wishes of her family. A certificate of marriage was issued by the
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competent authority and a translated copy of “Nikah Nama”
(Marriage Certificate) was issued by the Languages Department,
2016.
5. From this marriage, the appellant gave birth to a male child
on 23rd September, 2017 and was living happily with her late
certificate in her name and no objection was given by her mother
Auxiliary Nurse Midwife (A.N.M.) on compassionate grounds by an
legally wedded wife of the deceased (late Mohd. Shameed Khan),
his terminal dues were paid to her. The fact is that the entire
However, the destiny was not humble to her and she was thrown
out of her matrimonial home by respondent no.2 with an eleven
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months old child on 19th August, 2018 and thereafter respondent
against the appellant, including to the employer of the appellant
to remove her from employment.
6. After more than a year, at the instance of respondent no.2, a
written complaint/FIR came to be registered against the appellant
for offences under Sections 494, 495, 416, 420, 504 & 506 IPC at
Anticipatory bail was granted to the appellant and after charge
420, 504, 506, 467, 468 and 471 IPC, the learned trial Judge took
cognizance of the same and summoned the appellant.
Judicature at Allahabad under Section 482 Cr.P.C. for quashing
Court under impugned order dated 8th September, 2021, which
is the subject matter of challenge in the appeal before us.
inlaw left no stone unturned to pressurize her for handing over
all the terminal benefits which she received on account of death of
appointment in her place. This was the primary reason for which
all uncalled for allegations were levelled against her, including the
forgery committed in preparing Nikah Nama.
9. It was alleged in the complaint that before annulment of first
marriage, the appellant had entered into marriage with late Mohd.
that was the reason for which his brother suddenly died during
immediately after his death, there was a sudden change in the
behaviour of the appellant and she tried to oust her motherin
house. Every day, she used to threaten and abuse the family
members and by committing a forgery, she obtained the job on
compassionate grounds and took all the terminal benefits and the
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genuine dependents of late Mohd. Shameem Khan (brother of the
Nikah (marriage) was solemnized by her without any divorce from
registered and charges were framed against her.
10. Counsel for the appellant further submitted that it is not a
made any complaint of any nature during his lifetime against the
appellant in reference to the matrimonial relationship between the
appellant and her late husband (Mohd. Shameem Khan) and after
his untimely demise, all sort of allegations were levelled by her
brotherinlaw on the basis of which the FIR was registered.
11. Counsel further submits that there is no iota of evidence to
support what is alleged in the complaint by respondent no.2 on
the basis of which FIR has been registered and even if what is
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allowed to continue against her, it will be nothing but a clear
appellant, more so, when she has not only to sustain her
employment, but being the only bread winner of her family, she
has to take care of her minor son also and further submits that
the High Court has not even looked into the prima facie
allegations levelled in the FIR on the basis of which chargesheet
came to be filed and just after quoting certain passages from the
judgments of this Court, dismissed the petition preferred at her
instance under Section 482 Cr.PC.
12. Counsel submits that the principles have been well laid
down by this Court in State of Haryana and Others v. Bhajan
Lal and Others1, and which have been consistently followed in
the later years and taking the test as laid down by this Court,
what being alleged in the complaint on the basis of which FIR has
been registered, even if prima facie taken into consideration, no
offence is made out of the kind levelled against her. In the given
1 1992 Supp. (1) SCC 335
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appellant deserve to be quashed and set aside being an abuse of
the process of law.
13. Counsel for the State and the counsel for the complainant
jointly submit that after the FIR was registered, investigation was
out. The High Court has appreciated the material available on
record and found no reason to interfere in its inherent jurisdiction
under Section 482 Cr.PC and the impugned judgment needs no
further interference of this Court.
14. We have heard learned counsel for the parties and perused
the material available on record.
15. The exposition of law on the subject relating to the exercise
of the extraordinary power under Article 226 of the Constitution
or the inherent power under Section 482 Cr.PC are well settled
channelized guidelines, to give an exhaustive list of myriad kinds
of cases wherein such power should be exercised. This Court has
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held in para 102 in State of Haryana and Others v. Bhajan Lal
and Others (supra) as under :
“102. In the backdrop of the interpretation of the various relevant
provisions of the Code under Chapter XIV and of the principles of
law enunciated by this Court in a series of decisions relating to the
exercise of the extraordinary power under Article 226 or the
inherent powers under Section 482 of the Code which we have
extracted and reproduced above, we give the following categories of
cases by way of illustration wherein such power could be exercised
either to prevent abuse of the process of any court or otherwise to
secure the ends of justice, though it may not be possible to lay
down any precise, clearly defined and sufficiently channelised and
inflexible guidelines or rigid formulae and to give an exhaustive list
of myriad kinds of cases wherein such power should be exercised.
(3) Where the uncontroverted allegations made in the FIR
or complaint and the evidence collected in support of
the same do not disclose the commission of any
offence and make out a case against the accused.
(4) Where, the allegations in the FIR do not constitute a
cognizable offence but constitute only a non
cognizable offence, no investigation is permitted by a
police officer without an order of a Magistrate as
contemplated under Section 155(2) of the Code.
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(5) Where the allegations made in the FIR or complaint
are so absurd and inherently improbable on the basis
of which no prudent person can ever reach a just
conclusion that there is sufficient ground for
proceeding against the accused.
(6) Where there is an express legal bar engrafted in any of
the provisions of the Code or the concerned Act
(under which a criminal proceeding is instituted) to
the institution and continuance of the proceedings
and/or where there is a specific provision in the Code
or the concerned Act, providing efficacious redress for
the grievance of the aggrieved party.
been followed, as well as in the recent judgment of three Judge
judgment of this Court in Neeharika Infrastructure Pvt. Ltd. v.
State of Maharashtra and Others2.
17. It is no doubt true that the power of quashing of criminal
circumspection and that too in rarest of the rare cases and it was
not justified for the Court in embarking upon an enquiry as to the
reliability or genuineness or otherwise of the allegations made in
2 AIR 2021 SC 1918
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the FIR or the complaint and that the inherent powers do not
confer any arbitrary jurisdiction on the Court to act according to
its whims and fancies.
material placed on record by the complainant to justify the bald
which FIR was registered. There are undisputed facts on record
Shameem Khan on 11th December, 2016 and from this wedlock,
a male child was born on 23 rd September, 2017 and her husband
period of matrimonial relationship, no complaint of any kind was
ever made by her late husband (Mohd. Shameem Khan) and after
May, 2018 w.e.f. 28th April, 2018, all sort of issues were raised by
such false allegations with reference to her marriage and also for
the terminal benefits which she received and there was not even
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prima facie foundation to support the nature of allegations which
were made.
embark upon any enquiry as to the reliability or genuineness of
the allegations made in the FIR, but at least there has to be some
factual supporting material for what has been alleged in the FIR
which is completely missing in the present case and documentary
duly registered and issued by competent authority and even the
charge sheet filed against her does not prima facie discloses how
the marriage certificate was forged.
20. In the given circumstances and going through the complaint
placed on record, we are of the considered view that no offence of
any kind as has been alleged in the FIR, has been made out
against the appellant and if we allow the criminal proceedings to
continue, it will be nothing but a clear abuse of the process of law
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completely overlooked by the High Court while dismissing the
petition filed at her instance under Section 482 Cr.PC.
416, 420, 504 & 506 IPC lodged at PS Bazar Khala, District
Lucknow, U.P. are hereby quashed and set aside.
22. Pending application(s), if any, stand disposed of.
……………………………J.
(AJAY RASTOGI)
…………………………..J.
(ABHAY S. OKA)
NEW DELHI
FEBRUARY 10, 2022.
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