1. This is a petition under section 482 of the Code of Criminal Procedure, 1973 for quashing the criminal complaint filed against the petitioner pending in the court of the learned Judicial Magistrate, First Class, Mehsana bearing Criminal Case No.6999 of 2006 for the offences punishable under sections 420 and 114 of Indian Penal Code.
2. The original complainant is the husband while his wife and her parents are accused in the trial court – now petitioners before this court. Respondent complainant moved a complaint in the trial court with the allegations that his marriage with his wife was solemnized when he was serving in the ONGC. Before marriage, father and mother of their wife persuaded the complainant that in case he agrees for this marriage, he will be promoted in his service. However, later on, the complainant came to know that his wife and her parents had suppressed the fact that his wife was suffering from serious mental disease of epilepsy. When the complainant came to know about the effect of serious illness, his wife, her matrimonial home and started living with her parents and involved the complainant in a false case. With these averments, the complainant moved a complaint in the trial court for the offences punishable under sections 420 and 114 of the Indian Penal Code.
3. After notice of the petition for quashing, the present respondents contested the same by filing reply by way of affidavit. The averments made in the petition have been denied and those of the complaint have been reiterated. It is submitted that the complainant was fraudulently induced by the petitioners in connivance with each other. It is submitted that the complainant was kept in dark and without disclosing any information regarding severe mental condition of the petitioner No.1, the marriage had been solemnised. It is also submitted that when the complainant along with the petitioner had gone to Jammu and Kashmir on 27th February, 2001, and at that time the complainant came to know about the illness and in reality, the mental status of petitioner No.1. It is further replied that the complainant has been cheated by all the petitioners. Finally, it has been prayed that subject petition is not maintainable and it does not deserve to be entertained and hence, liable to be dismissed.
4. While arguing on behalf of the petitioner, the learned counsel has drawn my attention to the judgment delivered in Family Suit No.317 of 2003 which is a divorce petition filed by the husband under section 13(1) of the Hindu Marriage Act, 1955. A perusal of this judgment shows that the divorce has been sought on the ground that the wife is suffering from epilepsy. In order to prove the fact regarding epilepsy, the husband has examined two Doctors i.e. Dr.Parth Das and Dr.Basir A.Ahmedi. The evidence of these Doctors have been recorded in paragraphs 23 and 24 of the judgment produced before this court. Paragraphs 23 and 24 are reproduced as under.
“23. Now weighing the above evidence of Dr.Parth Das, it is very clear that he has no any personal knowledge about the treatment given to Sapna – the wife. He is also not aware of the medical history book of Mrs.Sapna as he has clearly admitted that he has no occasion to go through the medical history book of Mrs.Sapna, therefore, he cannot conclude that Mrs.Sapna is suffering from which disease. Moreover, he has clearly admitted that he has never examined Mrs.Sapna. He has also clearly deposed that opinion of expert should be taken. In the circumstances, on base of the evidence of this witness – Dr.Parth Das, it cannot be held anyway that wife – Sapna is suffering from a serious venereal disease or any incurable disease or even disease of epilepsy as alleged by the husband.
24. Other witness Dr.Basir A.Ahmedi has deposed that on 15/09/1995, Sapna was referred from O.N.G.C. and again on 23/01/2001, she was referred. Moreover, he has been shown note of O.N.G.C. and has said that it is not his diary and looking on said papers he has said that either he or other doctor would have prescribed 'Carmez-200' to the patient. Moreover, he has stated that generally, said medicine used to be prescribed to the patient suffering from epilepsy. In his cross examination, this witness – Dr.Basir Ahmedi has also admitted that papers which have been shown to him, does not bear his signature. More over, he has deposed that any paper is not shown to him from which it can be reveal that he prescribed 'Carmez-200' to the patient. Moreover, he has deposed that particular incident and papers are pertaining to years 1999 and 2001, so certainly he could not say that the said patient had been examined by him. Moreover, he has admitted that simply on the base of the fact that medicine 'Carmez-200' prescribed to the patient, it cannot be opined that the patient suffers from epilepsy. Moreover, he has stated that 80% of patients suffering from disease epilepsy get recovery within period of two to three years. Moreover, he has clearly admitted that disease of epilepsy does not adversely effect on matrimonial life. Moreover, he has clearly deposed that disease of epilepsy is not incurable.
From above evidence of Dr.Basir Ahmedi, it is also very clear that the disease epilepsy is not incurable disease and this disease does not adversely affect on matrimonial life. Moreover, 80% of patients suffering from the disease epilepsy can be got recovered within a period of two or three years. Moreover, this Dr.Basir Ahmedi has also not opined that wife – Sapna suffers from disease epilepsy. On the contrary, he has clearly deposed that he cannot say that the said patient (wife – Sapna) had been examined by him. Moreover, he has also clearly admitted that simply on the base of the fact that medicine 'Camrez- 200' prescribed to the patient, it cannot be opined that the said patient is suffering from epilepsy. Considering this evidence of Dr.Basir Ahmedi, on base of the evidence of this witness – Dr.Basir Ahmedi, it cannot be held that wife – Sapna is suffering from a serious venereal disease or any incurable disease or even disease of epilepsy as alleged by the husband.”
5. Even perusal of the discussion of the court on the basis of the evidence of these Doctors leaves no doubt that the present petitioner was not at all suffering from epilepsy as claimed by the husband. Otherwise also, Dr.Bashir Ahmedi has stated in many words that the disease of epilepsy does not adversely affect the matrimonial life and further that this disease is curable if one takes regular medicine for 2 to 3 years. There is no other allegation against the petitioner wife or others except disease from which petitioner No.1 was suffering from.
6. Further, other material irregularity pointed out by the learned counsel for the petitioner is that the complaint filed by the husband does not bear the signature of the complainant and it seems to have been signed by the advocate only that too without any verification. On this ground also, the complaint is bound to fail.
7. In view of the finding of fact recorded by the learned trial court, I do not find any substance in the complaint. For the aforesaid discussion, the present petition is allowed. The proceedings pursuant to Criminal Case No.6999 of 2006 filed before the learned Judicial Magistrate, First Class, Mehsana are hereby quashed. Rule is made absolute to the aforesaid extent.
(Mohinder Pal,J) pathan