The Supreme Court of India has quashed a First Information Report (FIR) filed by a husband against his wife, alleging forgery and cheating in obtaining their child's passport. The two-Judge Bench comprising Justice Surya Kant and Justice Dipankar Datta observed that not every deceitful act is necessarily unlawful and stressed the importance of judiciously assessing the merits of a case.
The case stemmed from a troubled marital relationship, with the husband accusing his wife of forging his signature to secure a passport for their minor child. The Supreme Court noted the discord between the parties, resulting in numerous complaints and legal proceedings. Despite the strained relationship, the court underscored the impact on the rights and interests of the minor child.
The fundamental right to travel abroad, while not absolute, was deemed significant and subject to established legal procedures. The court argued that the conduct exhibited by the wife, despite the discord, infringed upon the best interests of the minor child. The child's right to travel abroad for educational and other opportunities aligned with their dignity, as enshrined by the Constitution, became a focal point of the court's deliberations.
The Bench referred to landmark judgments in the cases of Maneka Gandhi v. Union of India (1978) and K.S. Puttaswamy v. Union of India (2019), emphasizing the constitutional dimensions of individual rights.
In presenting the factual background, the appellants, the husband and wife, were accused under various sections of the Indian Penal Code (IPC) related to cheating and forgery. The husband, engaged in a software business in the United Kingdom, married the wife in 2007 with promises of residing together in London. However, their relationship soured, leading to the wife's confinement in India with their child.
The wife sought a passport for the minor child, leading to allegations of coercion and torture during the husband's visit to India. In response, the husband filed a complaint accusing the wife's family of forging his signature on the passport application.
The Supreme Court, in its analysis, criticized the investigating agency for acting mechanically and lacking investigative rigor. The court emphasized that the allegations of cheating and forgery were conspicuously missing, rendering the continuation of criminal proceedings an abuse of the legal process.
The court directed the husband to pay a cost of Rs. 1 lakh to the wife within six weeks. By doing so, the Supreme Court allowed the appeal, set aside the judgments of both the High Court and Trial Magistrate, and ultimately quashed the FIR against the appellants.
Case: Mariam Fasihuddin & Anr. vs. State by Adugodi Police Station & Anr.
Criminal Appeal No.335/ 2024 (Arising out of Special Leave to Appeal (Crl.) No. 2877/2021).
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