' This is a petition under section 561-A of the Criminal Procedure Code for quashment of the proceedings of a criminal case for an offence under section 423, P. P. C. Filed by one Mst. Jamila Begum against the petitioners, Ghulam Nabi and others.
2. The facts in brief are that Ghulam Nabi had married Mst. Jamila Begum. There being disagreement between the husband and wife Mst. Jamila Begum left her husband, went and started living with her parents. Ghulam Nabi filed a suit for restitution of conjugal rights against her which was decreed. She however, did not go back to her husband. She filed a suit for recovery of the dower amount of Rs, 2,000 ; but this suit was decreed in respect of the prompt dower of Rs, 1,000 other half being deferred.
3. Ghulam Nabi, the petitioner, thereafter sent a document on stamp paper purporting to be a `Talagnama' signed by him and by four other male petitioners, in which Ghulam Nabi divorced his wife Mst. Jamila Begum and he further stated that Mst. Jamila Begum in presence of the elders had relinquished her claim to the balance amount of the dower not realised by her. Mst. Jamila Begum thereafter filed this complaint for an offence under section 421, P. P. C. Alleging that she had never relinquished her claim in respect of any property or interest in favour of Ghulam Nabi and this statement was false and the document had been prepared to deprive her of her dower amount, etc.
4. It has been argued by Mr. Abdul Majid Khan, Advocate on behalf of the petitioners that section 423, P. P. C. Has no application to the facts of this case because this is a deed of divorce and not a deed of transfer of property and that the suit is for realisation of the dower amount which is still pending. Mrs. Salima Nasiruddin, learned Advocate has on the other hand argued on behalf of the complainant Mst. Jamila Begum who is the respondent in this case, that the word 'property' in section 423, P. P. C. Includes movable property also. That Mst. Jamila Begum had never gone to visit the petitioners nor had she stated anything with regard to her claim for dower in their presence.
That under the circumstances section 423, P. P. C. Would be attracted in her case.
5. Whether an offence under section 423, P. P. C. Is made out or not will ultimately depend on the evidence. It cannot be said at this stage whether any such offence is made out on the facts stated or not. For the purposes of section 561-A, Cr. P. C. The Court will not go into the facts or evidence nor can the merits be discussed. The case is already pending before the trial Court and all the arguments can be urged before the trial Court and it would be then left to the trial Court to decide, whether an offence under section 423, P. P. C. Has been established or not. Under these circumstances no case is made out for interference under section 561-A, Cr. P. C. The petition is, therefore, dismissed.