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Supreme court on Thursday granted protection from arrest to TV Actress Chahatt Khanna’s husband Farhan Shahrukh Mirza.

Mirza had challenged an order of Bombay High Court rejecting his Anticipatory Bail plea.

A bench of Justices Ajay Rastogi & Abhay S Oka issued notice stressing that Mirza will cooperate in the pending investigation. 

The couple had been married since 2013 and have two daughters. The Actress had filed for divorce in 2018 and a month later accused Farhan of sexual abuse including forcing unnatural sex upon her. 

One FIR was registered on October 1, 2018 against Mirza and his mother on the basis of the TV actress’s complaint under Sections 376, 377, 316, 498A, 295, 323, 504, 506(ii), 406, 379, 420,414, 24 of Indian Penal Code read with Section 66 of the Information Technology Act, 2000.

The allegations against Mirza include forcing the actress to act against her religious beliefs, causing death of quick unborn child, rape, unnatural sex, physical abuse and cruelty, etc. The actress had alleged that Mirza is a drug addict and forced her to have unnatural sex and made video clips of their intimate affairs.

However, Mirza's counsel, Adv. Ejaz Maqbool has contested all these allegations before the Apex court. He argued against all categorically. 

He submitted that the couple had a peaceful/happy marriage till the Actress suddenly decided to sabotage it and for unknown reasons left Mirza and absconded with their daughters. When Mirza failed to trace her and filed petitions seeking custody of daughters and restitution of conjugal rights in September 2020, the actress got the false FIR registered, he said. 

He further contended that Actress's pregnancies were terminated due to health reasons. Against the allegation of forcing the actress to act against her religious beliefs, he said that from the very beginning of their relationship Hindu and Muslim both the religions were followed in their household.

He also submitted that only a bare perusal of the FIR reveals that none of the offences are even remotely attracted. He said that allegation under section 377 was merely leveled to create a sensational case and there is no material on record to prove the same. 

Adv. Maqbool contested the Bombay High Court order stating that the order makes no attempt to ascertain the progress made in investigation of the matter since registration of the FIR or to see if there is any material to even prima facie justify the false allegations against Mirza.

He contended that even after 3 years since registration of the FIR, no notice for investigation has been sent to Mirza which indicates that there is clearly no necessity for Mirza's custodial interrogation.

Accordingly, taking note of all these submissions, Apex court issued notice.

Case Title: Farhan Sharukh Mirza Vs. The State of Maharashtra & Ors