Some Factual Supporting Material has to be there for what has been alleged in the FIR: SC

The Supreme Court ruled that there has to be some factual supporting material for what has been alleged in the FIR.

Background 

The appellant treating her previous marriage to be annulled for all practical purposes, while   doing her studies in Lucknow, met Mohd. Shameem Khan and they got married under Sharia law in presence of the entire family of her late husband, including respondent complainant, against the wishes of her family. From this marriage, the appellant gave birth to a male child. Unfortunately, her husband passed away. Thereafter she got employment in King George Medical University, Lucknow, as Auxiliary Nurse Midwife (A.N.M.) on compassionate grounds by an order and being the legally wedded wife of the deceased. However, the destiny was not humble to her and she was thrown out of her matrimonial home by respondent with an eleven months old child and thereafter respondent made all kinds of malafide, false and frivolous allegations against the appellant, including to the employer of the appellant to remove her from employment.  

Arguments 

The appellant contended that everything was running smoothly in her life, but because of the untimely sad demise of her husband late Mohd. Shameem Khan, her brother in law left no stone unturned to pressurize her for handing over all the terminal benefits which she received on account of death of her late husband and was interested to seek compassionate appointment in her place. 

The State and the complainant jointly argued that after the FIR was registered, investigation was made and only thereafter the charge sheet was filed. It can at least be presumed that a prima facie case against her is made out.

Decision 

The division bench of Justice Ajay Rastogi and Justice Abhay S. Oka noted that there was no material placed on record by the complainant to justify the bald allegations which were made in the complaint on the basis of which an FIR was registered. 

The court said that 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 evidence on record clearly supports that her Nikah Nama was 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.

The court held that no offense of any kind as has been alleged in the FIR, has been made out against the appellant and if it allow the criminal proceedings to continue, it will be nothing but a clear abuse of the process of law and will be a mental trauma to the appellant which has been completely overlooked by the High Court while dismissing the petition filed at her instance under Section 482 Cr.PC. 

The court quashed and set aside the criminal proceedings initiated against the appellant in reference to FIR under Sections 494, 495, 416, 420, 504 & 506 of IPC.

Case title: Shafiya Khan @ Shakuntala  Prajapati v/s State of U.P. & Anr.

Citation: CRIMINAL APPEAL NO(S). 200 OF 2022

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