DILSHAD S/O MUNFAIT Vs. IQBAL S/O MOHD HASAN
HIGH COURT OF UTTARAKHAND
Dilshad S/O Munfait
Iqbal S/O Mohd Hasan
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(1.) Present petition is filed assailing the order dated 01.12.2008 passed by Judicial Magistrate Roorkee in Case No. 1804 of 2008, under Section 498-A I.P.C. and 3/4 D.P. Act.
(2.) Criminal complaint was filed by the respondent No.1, father of Dilruba stating therein that Dilruba got married with the petitioner herein on 17.02.2006; at the time of marriage, few items were given to the husband family as per the financial status of the parties, however, in-laws of Dilruba were not happy with the items given in the marriage; after some time, present petitioner and his father started taunting Dilruba for bringing less dowry; on 01.07.2008, petitioner went to the house of complainant and told the complainant party that he would not take back Dilruba with him unless and until motor cycle is given. Statement of the father of the complainant and Dilruba were recorded under Section 200 and 202 Cr.P.C. respectively.
(3.) Mr. Mohd. Azim, learned counsel for the petitioner submits that demand of motor cycle after marriage as a pre-condition to take back Dilruba with him would not amount to dowry as defined under Section 2 of the D.P. Act.;
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