HASAAN RAZA TAIYAB THROUGH ITS MOTHER SHAHNAJ v. STATE OF U.P.

IN THE SUPREME COURT OF INDIA

CRIMINAL APPEAL No.4716 OF 2024 (Arising out of SLP(Crl.)No.7020 of 2024)

HASAAN RAZA TAIYAB THROUGH HIS MOTHER SHAHNAJ & ANR. … APPELLANTS

Versus

1. Leave granted.

2. The order dated 31.01.2024, passed by the High Court of

Judicature at Allahabad in Habeas Corpus Writ Petition No. 983 of

2023, declining restoration of the custody of appellant No.1 (minor

child) in favour of appellant No.2 (mother), is under challenge in

the instant appeal.

3. The marriage between appellant No.2 and respondent No.3

(father) was solemnized on 07.11.2016 as per Muslim rites and

customs. They were blessed with a male child on 25.12.2019. Even

before the child was born, matrimonial disputes arose between the

parties, which led to appellant No.2 registering Case Crime No.185

of 2019 against respondent No.3 on 04.09.2019 under Sections 498-A,

323, 506 IPC, Sections 3/4 of the Dowry Prohibition Act, 1961 and

Sections 4/3 of the Muslim Women (Protection of Rights on Marriage)

Act, 2019 at Police Station Khajuriya, District Rampur.

4. While the criminal proceedings were pending, appellant No.2

was allegedly assaulted by respondent No.3 on 18.08.2023 and

coerced to sign certain blank stamp papers. It is further alleged

that a Compromise Deed was prepared on those papers by respondent

No.3 on 03.11.2023, in terms...