HC quashes chargesheet & criminal proceedings under triple talaq case

Chhatrapati Sambhajinagar: Aurangabad Bench of Bombay High Court comprising Justice R G Avachat and Justice Sanjay Deshmukh quashed the First Information Report (FIR), chargesheet and criminal proceeding against a man and his five family members.

The case was registered against the man and his family under different provisions of Triple Talaq and the Indian Penal Code.

According to details, Mohammed Ejaz Mohammed Noor (Kalamnoori, Hingoli) married Khamar Sultana (Hingoli) in 2012 and the couple had two girls out of wedlock. The married life of Mohammed Ejaz was disturbed due to mistakes committed by Khamar Sultana.

Ejaz tried to save his marital relationship by putting his best efforts, but she did not respond to him. On the contrary, she obtained a written Khula (divorce) from her husband on July 29, 2021, while she filed an FIR on September 3, 2021, against her husband and five in-laws members.

During the hearing, adv Saeed Shaikh who appeared for Ejaz argued that even after her unforgivable mistakes, her husband tried to save their married life.

But, the woman obtained Khula from her husband and after 37 days after the dissolution of her marital relation, she lodged a complaint with the police against her husband, father-in-law, mother-in-law, brother-in-law (a Government servant) and two married sisters-in-law.

Ejaz’s parents live with his brother while his married sisters-in-law live at Hingoli and Nanded.

Also, the woman married another person in the month of January 2022 and its copy Nikahnama was presented before the court.

Considering the arguments of all parties, the High Court quashed the FIR, chargesheet and the pending criminal proceeding against all the accused.

Adv Saeed Shaikh who represented Mohammed Ejaz was assisted by adv Shafiq Sayyed (Hingoli).