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Supreme Court of India 2022-02-10 allowed

Shafiya Khan @ Shakuntala Prajapati vs State of U.P. & Anr

Bench: 2 — Rastogi

In Brief

A widow who was remarried under Muslim law and received her deceased husband's terminal benefits was prosecuted for bigamy and forgery based on allegations by her brother-in-law. The appellant's first marriage, solemnized when she was a minor, had been dissolved and annulled by the families in 2014. Her second marriage was validly registered under Islamic law. The Supreme Court quashed the criminal proceedings, finding no prima facie evidence of any offence and holding that the complaint was motivated by personal vendetta over the deceased husband's benefits and employment. The court emphasized that when allegations lack factual support and are manifestly mala fide, continuing proceedings constitutes abuse of the legal process.

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Criminal Procedure Section 482 Cr.P.C. Abuse of Process Bigamy Forgery Family Law Hindu Marriage Act Muslim Personal Law Child Marriage Compassionate Appointment

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