TaxTMI 
TaxTMI 
2022 (2) TMI 1432
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....ugh Village Panchayat in 2014 between the families of the Appellant and Shiv Gobind Prajapati, who thereafter married another woman, Suman Prajapati and this marriage being voidable Under Section 5 of the Hindu Marriage Act, 1955 and Section 3 of Prohibition of Child Marriage Act, 2006 was dissolved and annulled by the families of the Appellant and Shiv Gobind Prajapati. 4. The Appellant treating her marriage to be annulled for all practical purposes, while doing her studies in Lucknow, met Mohd. Shameem Khan and they got married on 11th December, 2016 under Sharia law in presence of entire family of her late husband, including Respondent No. 2/complainant, against the wishes of her family. A certificate of marriage was issued by the competent authority and a translated copy of "Nikah Nama" (Marriage Certificate) was issued by the Languages Department, Darul Uloom Nadwatul Ulama, Lucknow dated 11th December, 2016. 5. From this marriage, the Appellant gave birth to a male child on 23rd September, 2017 and was living happily with her late husband. Unfortunately, her husband passed away on 8th December, 2017. After the Appellant obtained succession certificate in her name and no....
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....with late Mohd. Shameem Khan on 11th December, 2016, and thereafter she started to harass his late brother mentally and physically and that was the reason for which his brother suddenly died during his service on 8th December, 2017. It was further alleged that immediately after his death, there was a sudden change in the behaviour of the Appellant and she tried to oust her mother-in-law, sister-in-law and Respondent No. 2/complainant from the 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 genuine dependents of late Mohd. Shameem Khan (brother of the complainant) were deprived of his terminal benefits and this Nikah (marriage) was solemnized by her without any divorce from her previous husband, on the basis of which the FIR was registered and charges were framed against her. 10. Counsel for the Appellant further submitted that it is not a case of the complainant that his brother (deceased) had ever made any complaint of any nature during his lifetime against the Appellant in reference to the matrimonial relationship between the Appellant and h....
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....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 extra-ordinary power Under Article 226 of the Constitution or the inherent power Under Section 482 Code of Criminal Procedure are well settled and to the possible extent, this Court has defined sufficiently channelized guidelines, to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. This Court has held in para 102 in State of Haryana and Ors. v. Bhajan Lal and Ors. (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, cl....
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.... doubt true that the power of quashing of criminal proceedings should be exercised very sparingly and with 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 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. 18. Adverting to the facts of the instant case, 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 FIR was registered. There are undisputed facts on record that the Appellant's marriage was solemnized with late Mohd. Shameem Khan on 11th December, 2016 and from this wed-lock, a male child was born on 23rd September, 2017 and her husband untimely passed away on 8th December, 2017 and until their period of matrimonial relationship, no complaint of any kind was ever made by her late husband (Mohd. Shameem Khan) and after she was paid his terminal benefits and got a compassionate appointment in his place as an A.N.M. by an order dated 1....