Mohd. Shariq Saied And Another vs State Of U.P. And Another

2. Heard Sri Rajesh Kumar Yadav, learned counsel for the applicants, Sri Mohd. Aslam, learned counsel for the opposite party no.2 and Sri V.D. Ojha, learned counsel for the State and perused the material brought on record.

3. Learned counsel for the State and learned counsel for the opposite party no.2 submit that they do not propose to file any counter affidavit in the matter.

4. The matter was referred to the Mediation Centre of this Court vide order dated 02.05.2023. As per the office report dated 06.12.2023 a report from the Mediation Centre of this Court is on record which goes to show that the mediation centre vide its report dated 09.11.2023 has reported that the parties are not willing for the mediation. The mediation has thus failed.

5. The Court thus proceeds to hear the matter on merits.

6. This application under Section 528 B.N.S.S. has been filed by the applicants- Mohd. Shariq Saied and Smt. Zarina Nikhat, with the prayer to allow this application and quash the entire proceeding as well as impugned charge-sheet dated 16.8.2022 and cognizance order dated 11.11.2022 of Case No. 4485 of 2022 (State vs. Mohd. Shariq Saied and Another), arising out of Case Crime No. 476 of 2021, under Section 498-A I.P.C. and Section 3/4 of D.P. Act, P.S. Behat, District Saharanpur, pending in the Court of Judicial Magistrate, Saharanpur, with a further prayer that proceeding of the aforesaid case be stayed during the pendency of the present application.

7. The first information report of the present matter was lodged on 23.09.2021 for offences under Sections 498-A, 323, 328, 376, 377, 506 I.P.C. and Section 3/4 Dowry Prohibition Act by the opposite party no.2 against Mohd. Shariq Saied (husband), Danish (devar), Smt. Zarina Nikhat (mother-in-law) and Diba Farha (sister-in-law) alleging therein that the Nikah of the opposite party no.2 was solemnized with the applicant no.1- Mohd. Shariq Saied on 29.10.2025. Since the nikah was a love marriage the mother of the applicant no.1 and his family members were not ready and were against it as they thought that since it is a love marriage they will not get dowry but the mother of the opposite party no.2 gave many items to them. After nikah there was demand of a Honda City car due to which she was taunted and troubled by them. As the demand was not fulfilled they also did not let her go to her maternal house. Then her mother and some relatives left her to her matrimonial house but the accused did not get her enter in the house and sent her to another house in mohalla Behat but the items given by her mother were kept in another house. When she went there the behaviour of her husband deteriorated and after nikah he did immoral act with her. Her devar Danish also started doing immoral act with her which was supported by her husband and committed physical relation with her and assaulted her many times. On 11.08.2021 at about 5 pm all the accused came and told her that they want to sell this house and told her to go away which was refused by her on which they assaulted her and with an intention to kill her made her consume some poisonous substance. She somehow went to District Hospital, Saharanpur where her treatment was done. She gave an application at Police Station Behat but her report was not lodged. Then on 16.08.2021 she gave an application to the S.S.P., Saharanpur on which also no action was taken. Then an application u/s 156 (3) Cr.P.C. dated 27.08.2021 was moved for lodging of the report.

8. The matter was investigated and a charge-sheet dated 16.08.2022 was filed against Mohd. Shariq Saied and Smt. Zarina Nikhat under Section 498-A I.P.C. and Section 3/4 of D.P. Act. In so far as the two other co-accused namely Danish and Diba Farha are concerned, they were not charge-sheeted and their names were mentioned in column 12 of the said charge-sheet.Vide order dated 11.11.2022 the court concerned took cognizance upon the same and summoned the applicants. The present petition has thus been filed before this Court with the prayer as aforesaid.

9. Learned counsel for the applicants submits that the applicant no.1 Mohd. Shariq Saied is the husband and the applicant no.2 Smt. Zarina Nikhat is the mother-in-law of the opposite party no.2. It is submitted that the marriage of the applicant no.1 was solemnized with the opposite party no.2 on 29.10.2015. It is submitted that general and omnibus allegations have been levelled in the first information report against the applicants and 02 other co-accused whereas the falsity of the prosecution case could be seen from the fact that the other co-accused Danish and Diba Farha have been exonerated during investigation. It is submitted that the present case is a case of no injury. It is submitted that the summoning of the applicant is only under Section 498-A I.P.C. and Section 3/4 of D.P. Act. It is further submitted that the story regarding demand of dowry has seen the light of the day for the first time when the present first information report has been lodged which is false and concocted. The applicants have no criminal history as stated in para 13 of the affidavit.

10. Learned counsel has relied upon the judgements of the Apex Court in the case of Kahkashan Kausar @ Sonam and others Vs. State of Bihar and others : (2022) 6 SCC 599, Payal Sharma Vs. State of Punjab : AIR OnLine 2024 SC 792, Dara Lakshmi Narayan and others vs. State of Telangana: 2024 SCC OnLine SC 3682, Preeti Gupta and another vs. State of Jharkhand: (2010) 7 SCC 667 and Geddam Jhansi vs. The State of Telangana: 2025 INSC 160 to argue that there is exaggerated version of the incident and the same can also be seen from the fact that the entire family has been made an accused for ulterior motives and with malafide intention with general and omnibus allegations.

11. Per contra, learned counsel for the opposite party no.2 and learned counsel for the State opposed the prayer for quashing and submitted that the applicant no.1 is the husband and the applicant no.2 is the mother-in-law of the opposite party no.2 and they are named in the first information report. There are allegations against them. It is submitted that the investigation in the matter has concluded and charge-sheet has been submitted against the applicants after which the trial court concerned has summoned the applicants. It is submitted that the present petition thus be dismissed.

12. After having heard learned counsel for the parties and perusing the record, it is evident that the marriage of the applicant no.1 with the opposite party no.2 was a love marriage. The applicant no.1 is the husband and the applicant no.2 is the mother in law of the opposite party no.2 and general & omnibus allegations have been levelled against her. Two other co-accused named in the first information report have been exonerated during investigation.

13. In so far as the application in respect of applicant no.1- Mohd. Shariq Saied is concerned, the same stands dismissed as he is the husband and there are allegations against him.

14. The petition in so far as the applicant no.2- Smt. Zarina Nikhat is concerned, stands allowed.

15. The proceedings against the applicant no.2 is quashed.

16. The trial court to proceed with the trial of the applicant no.1- Mohd. Shariq Saied expeditiously without granting undue adjournment to either of the parties.

17. Pending application (s), if any, shall stand disposed of.

(Samit Gopal,J.)

May 7, 2026

AS Rathore