TMI Blog2022 (2) TMI 1432X X X X Extracts X X X X X X X X Extracts X X X X ..... herent powers do not confer any arbitrary jurisdiction on the Court to act according to its whims and fancies. 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 19th May, 2018 w.e.f. 28th April, 2018, all sort of issues were raised by the complainant (brother of her deceased husband) of making such false allegations with reference to her marriage and also for the terminal benefits which she received and there was not even prima facie foundation to support the nature of allegations which were made. In the given c ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... , 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 objection was given by her mother-in-law to the employer of Mohd. Shameem Khan, she got employment in King George Medical University, Lucknow, as Auxiliary Nurse Midwife (A.N.M.) on compassionate grounds by an order dated 19th May, 2018 w.e.f. 28th April, 2018 and being the legally wedded wife of the deceased (late Mohd. Shameed Khan), his terminal dues were paid to her. The fact is that the entire gratuity amount of Rs. 4,60,000/- of her late husband was transferred by her to the bank account of her mother in-law. However, the destiny was not humble to her and she was thrown out of her matrimonial home by Respondent No. 2 with an eleven months old child on 19th ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r 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 her late husband (Mohd. Shameem Khan) and after his untimely demise, all sort of allegations were levelled by her brother-in-law on the basis of which the FIR was registered. 11. Counsel further submits that there is no iota of evidence to support what is alleged in the complaint by Respondent No. 2 on the basis of which FIR has been registered and even if what is being stated in the FIR is taken on its face value, prima facie, none of the offences which have been levelled against the Appellant in the charge-sheet are made out. In the given circumstances, if the criminal proceedings at this stage are allowed to continue against her, it will be nothing but a clear abuse of the proce ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ples 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, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised. (1) Where the allegations made in the first information report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the Accused. (2) Where the allegations in the first information report and other materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 19th May, 2018 w.e.f. 28th April, 2018, all sort of issues were raised by the complainant (brother of her deceased husband) of making such false allegations with reference to her marriage and also for the terminal benefits which she received and there was not even prima facie foundation to support the nature of allegations which were made. 19. Although it is true that it was not open for the Court to embark upon any enquiry as to the reliability or genuineness of the allegations made in the FIR, but at least there has to be some factual supporting material for what has been alleged in the FIR which is completely missing in the present case and documentary evidence on record clearly supports that her Nikah Nama was duly registered and issued by competent authority and even the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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