Section 7. Offence to be cognizable, compoundable, etc
Notwithstanding anything contained in the Code of Criminal Procedure, 1973 (2 of 1974),--
(a) an offence punishable under this Act shall be cognizable, if information relating to the commission of the offence is given to an officer in charge of a police station by the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage;
(b) an offence punishable under this Act shall be compoundable, at the instance of the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage; is pronounced with the permission of the Magistrate, on such terms and conditions as he may determine;
(c) no person accused of an offence punishable under this Act shall be released on bail unless the Magistrate, on an application filed by the accused and after hearing the married Muslim woman upon whom talaq is pronounced or any person related to her by blood or marriage; is pronounced, is satisfied that there are reasonable grounds for granting bail to such person.
Judgements applying section 7
This order quashes an FIR regarding matrimonial discord and triple talaq under Section 482 CrPC. The High Court found the dispute had been amicably settled via mutual consent separation, making continued prosecution a hindrance to future peaceful life. Costs were imposed on applicants.
AllowedOpenPre-arrest bail — Section 4, Muslim Women (Protection of Right of Marriage) Act, 2019 — alleged pronouncement of triple talaq — District Court's rejection of bail application held mechanical, passed without applying its mind to the object of the Act — relying on Rajendra Bhagat v.
DisposedOpenJUDICATURE FOR RAJASTHAN BENCH AT JAIPUR S.B. Criminal Miscellaneous (Petition) No. 7788/2021 Farukh Khan S/o Late Shafi Mohammad, R/o Village- Chhan, PS Mehandwas, District Tonk (Raj). ----Petitioner Versus 1. State of Rajasthan, Through P
DisposedOpenDelhi High Court (Anup Jairam Bhambhani, J) allowed a criminal writ petition under Article 226 of the Constitution of India read with section 528 of the Bharatiya Nagarik Suraksha Sanhita 2023 seeking quashing of case FIR No.
Writ Petition (Criminal)OpenJUDICATURE AT ALLAHABAD LUCKNOW CRIMINAL MISC ANTICIPATORY BAIL APPLICATION U/S 438 CR.P.C. No. - 1393 of 2025 Court No. - 15 HON'BLE KARUNESH SINGH PAWAR, J. 1. The present anticipatory bail application has been filed seeking anticipatory
WithdrawnOpen- WithdrawnOpen
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29, 2025 Ct. 28 SG CRM( A ) 1555 of 2025 reject An application for anticipatory bail under Section 482 of the Bharatiya Nagarik Suraksha Sanhita, 2023 in connection with Duttapukur P.S. Case No.22 of 2025 dated 06.01.2025 under Sections 85/
DismissedOpenHIGH COURT AT CALCUTTA Item No. 08
AllowedOpenIN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CRIMINAL WRIT PETITION NO. 44 OF 2024 1. Amer Pasha s/o. Abdul Quadar Sayyed, (Husband), Age 36 years, Occu. Unemployed, R/o. Housing Society, Shivaji Chowk, Ambajogai, Tal. Amba
DisposedOpen