Delhi District Court
Fatma Siddiqui vs Faisal Siddiqui & Ors. 1/4 on 14 October, 2013
IN THE COURT OF MS. SAUMYA CHAUHAN
METROPOLITAN MAGISTRATE, SOUTH EAST, SAKET, NEW DELHI
Fatima Siddiqui ........... Complainant
Vs.
Faisal Siddiqui & Ors. ............ Accused/respondents
PS Jamia Nagar CC No. 175/1/12 ORDER ON APPLICATION 156(3) CrPC
1. By this order, the court shall decide the complainant's application under Section 156 (3) Cr.P.C.
2. Briefly stated story of the complainant as per the complaint are that the marriage of complainant and accused no.1 was solemnized in Delhi on 14.06.2007 as per muslim rites and ceremonies. However, the behaviour of accused persons was very cruel towards the complainant. The complainant has alleged that she was deserted by the accused persons in 2012 in her early days of pregnancy. It has been alleged that accused no. 1 is having illicit relations with accused no.2. The complainant had filed a complaint with the police in a case FIR No. 453/12 under Section 498A/406/34 IPC has been registered against no.1 , 3 and 4 at PS Jamia Nagar.
3. It has been further alleged that the accused persons kept harassing the complainant during her entire pregnancy and even tried to abort her child . Due to non-providing of funds by the accused, the complainant was forced by her landlady to leave the matrimonial house on 20.03.2012.
Fatma Siddiqui vs Faisal Siddiqui & Ors. 1/4
4. It has been further alleged that on 01.06.2012 when the complainant was in 7th Month of her pregnancy, she returned to her matrimonial home and asked the accused to open the door but they did not do so and she was forced to stay outside the door of accused persons during night. On 02.06.2012 the accused persons gave her severe beatings and tried to strangulate her. They also kicked her in her belly to cause harm to her child. They threw her from the stairs and her fronth teeth was also broken. It is averred that the complainant when regained consciousness called police. Though the complaint was registered as DD No. 79B but no case was registered. It has been further averred that the complainant was not having any shelter and went to Aligarh for delivery of her child. However, due to the abovesaid beatings and reasons, her child died after a few days of her birth.
5. It has been further averred that the complainant stayed at Aligarh till November 2012. After coming to Delhi, she found that no action had been taken by the police against the accused. Hence, the present complaint.
6. ATR was called from the concerned SHO wherein it was submitted that the complainant had filed a complaint against her husband and his second wife on 02.06.2012 at PS Jamia Nagar regarding matrimonial dispute and mental and physical torture. Since she was seven months pregnant at that time, she was medically examined by gynaecologist at AIIMS. No foul play was found. An FIR under Section 498A/406/34 IPC vide FIR No. 453/12 was registered on 06.06.2012 at PS Jamia Nagar. Charge-sheet in the same has been filed in the Ld. Mahila Court. Regarding the breaking of left upper canine tooth of the complainant, it is submitted that she had no upper canine tooth since birth and she had got Fatma Siddiqui vs Faisal Siddiqui & Ors. 2/4 done artificial surgery from Siyan Mahindra Hospital in 2010.
7. Heard. Perused. It has been submitted by the Ld. Counsel for complainant that the FIR No. 453/12 u/s. 498/406 IPC has already been registered on 06.06.2012 on the complaint of the complainant. However, this FIR is with respect to the incident dated 21.03.2012 and before that. there is no mention of incident dated 02.06.2012.
8. Section 325 IPC defines punishment for voluntarily causing grievous hurt. Grievous hurt is defined under Section 320 IPC. The following kinds of hurt only are designated as "grievous":-
1. Emasculation
2. Permanent privation of the sight of either eye
3. Permanent privation of the hearing of either ear.
4. Privation of any member or joint.
5. Destruction or permanent impairing of the powers of any member or joint.
6. Permanent disfiguration of the head or face.
7. Fracture or dislocation of a bone or tooth
8. Any hurt which endangers life or which causes the sufferer to be during the space of twenty days in severe bodily pain, or unable to follow his ordinary pursuits.
9. In the case at hand, as per the MLC of the complainant, the upper canine tooth of the complainant was broken. It is immaterial that the Upper Left Canine was not present in the complainant's Jaw by birth and that she had got an artifical dental surgery done. The injury caused to the complainant fall within clause 7th of Section 320 IPC.
10.From the allegations in the complaint and the status report, prima facie cognizable offence is deemed to have been made out against the Fatma Siddiqui vs Faisal Siddiqui & Ors. 3/4 respondents which calls for filed investigation. Therefore, the police station Jamia Nagar is directed to lodge the FIR under appropriate sections of IPC or any other law against the respondents with all the contents of complaint in the present case and carry out the investigation in a fair manner and to conclude the same as expeditiously as possible which otherwise also the mandate of the law. The FIR be registered immediately and in not more then three days from receiving the order.
11. To come up for filing the status/progress report/report regarding registration of FIR and regarding investigation on 04.01.2014.
Announced in the open court (SAUMYA CHAUHAN) on 14.10.2013 MM-07/SE/SAKET, DELHI Fatma Siddiqui vs Faisal Siddiqui & Ors. 4/4