New Delhi: The Supreme Court has set aside an order passed by the Uttarakhand High Court which had quashed proceedings against a Muslim husband under Section 498A Indian Penal Code (ICP) and Sections 3 & 4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 (triple talaq law).
A bench comprising Justices S. Ravindra Bhat and Aravind Kumar said: “This court is of the opinion that the quashing of FIR to the extent it pertained to allegations relatable to Section 498A IPC, and Sections 3/4 Muslim Women (Protection of Rights on Marriage) Act, 2019 was uncalled for. The impugned order is, therefore, set aside to that extent”. The High Court had passed the order in November 2022.
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The bench said that the charge-sheet shall, therefore, read in the light of the present order and the trial court is directed to go ahead with the proceedings from the stage where they were when the impugned judgment is pronounced.
The top court noted that the FIR clearly points to three elements i.e. that the wife – Afroz was subjected to alleged cruelty ("beaten"); the husband – Mansoor had allegedly pronounced the triple talaq which after coming into the force of the Muslim Women (Protection of Rights on Marriage) Act, 2019 which outlaws such practice and renders it a punishable offence.
“The offence, when proved, entails imprisonment for a term of up to three years. It is a matter of record that the charge-sheet was filed by the police after investigation into these allegations”, noted the bench.
The wife, Afroz, in her complaint had alleged that she was subjected to physical abuse by Mansoor, who had allegedly entered into a relationship with another woman, and he had also pronounced the triple talaq. Afroz was represented by advocate Namit Saxena.
The police after completing the investigation had filed a charge-sheet in which Mansoor was charged with committing offences under sections 323 & 498A IPC and triple talaq law.
The High Court had quashed the FIR under section 498A IPC and the triple talaq law but not under section 323 IPC. The High Court order was challenged by both Afroz and Mansoor.
It was urged by Mansoor before the apex court that the High Court did error in not quashing the offence alleged under Section 323 IPC even though the observations in the impugned order, establish its untenability. It was submitted that the parties were having a smooth relationship and have lived peacefully together for over 13 years and that the cause for friction appears to be some family dispute.
The counsel for the State and Afroz, represented by Saxena, on the other hand submitted that the impugned order of the High Court to the extent it quashed the offences under Sections 498A and Sections 3/4 of the Muslim Women (Protection of Rights on Marriage) Act, 2019 was unwarranted having regard to the totality of facts.
"It was highlighted that after investigation the charge-sheet was filed in which Mansoor was charged with committing all the three offences. Given these circumstances, the approach of the High Court in terming the allegations by Afroz as vague and are incorrect”, noted the apex court in its order delivered on August 29.
The apex court said, "The appeal filed by Afroz – wife is allowed to the above extent. The appeal filed by Mansoor – husband is accordingly, dismissed”.
