The Allahabad High Court today granted interim relief against arrest to actor Nawazuddin Siddiqui and four of his family members in an FIR filed by his estranged wife against him and his family .
Case Background
Nawazuddin Siddiqui’s estranged wife had filed a complaint against him, his three brothers and mother accusing them of assaulting her as well molesting a minor child in the family. Recently, an FIR was registered in Muzaffarnagar.
The petition for Nawazuddin Siddiqui in Minor Child Molestation Case sought quashing of the FIR dated dated 14.8.2020 registered under Sections 354, 323, 504, 506, 34 of the Indian Penal Code and Section 8, 12, 21 of the Protection of Children from Sexual Offences Act, 2012.
Advocate Abhishek Yadav, who represented the petitioners submitted that the allegations were absolutely false and the impugned first information report has been lodged just to extract a favourable settlement from the petitioner no. 5, who is a film actor.
A bench of Justices Manoj Misra and Sanjay Kumar Pachori observed,
However, considering that specific allegation of child abuse is against the petitioner no. 1 (Minajhuddin Siddqi) only and the rest of the Petitioners have been implicated by levelling general allegation, we deem it appropriate to dispose of this writ petition by providing that in so far as the petitioner no. 2 (Faiyajuddin Siddiqi); petitioner no. 3 (Ayajuddin Siddiqi); petitioner no. 4 (Smt. Mehrunisha Siddiqi); and petitioner no. 5 (Nawajuddin Siddiqi) are concerned, the investigation shall continue and brought to its logical conclusion but they shall not be arrested in the above case till submission of police report under Section 173 (2) CrPC, provided they co-operate in the investigation.
The High Court noted for Nawazuddin Siddiqui in Minor Child Molestation Case that the allegations made in the FIR were essentially in two parts as per which the first part was in respect of the role of petitioner no. 1, which related to child abuse and the second part was in respect of the entire family of the petitioner no. 1 ganging against the informant. The Bench added,
From the allegations, it also appears that respondent no. 4 (Aaliya) has taken a decision to take divorce from the petitioner no. 5 (Nawazuddin Siddiqui).
The Court refused to quash the FIR for Nawazuddin Siddiqui in Minor Child Molestation Case while stating that the allegations would require investigation, and thus the prayer could not be accepted, at the instant stage of Nawazuddin Siddiqui in Minor Child Molestation Case.
The petition for Nawazuddin Siddiqui in Minor Child Molestation Case on behalf of petitioner no. 1 was dismissed without prejudice to his right to apply for bail/ anticipatory bail, as may be advised.
