ABDUL HAFEEZ AND THREE OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-12-93
HIGH COURT OF UTTARAKHAND
Decided on December 10,2013

Abdul Hafeez And Three Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants, by means of present application under Section 482 Cr.P.C., seek to quash the summoning order dated 10.11.2010 (annexure 9), charge-sheet dated 06.10.2010 (annexure-7) and the entire proceedings of Criminal Complaint Case No. 733 of 2010, captioned as Sate vs. Israr and others, under Sections 498-A, 323, 504, 506 of IPC and Section 3/4 of the Dowry Prohibition Act, pending in the Court of Judicial Magistrate, Laksar, District -Haridwar.
(2.) Informant (respondent no. 2 herein) lodged an FIR at PS Laksar, on 19.08.2010 against the accused persons, which was registered as case crime no. 192 of 2010, under Sections 498-A, 323, 326, 452, 377, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act. After the investigation, a charge-sheet was submitted against the accused-applicants along with Israr (husband) for the offences under Sections 498-A, 323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act. Cognizance was taken on the same and accused persons were summoned to face the trial for which they were charge-sheeted. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.
(3.) Informant filed an application under Section 156(3) Cr.P.C. enumerating the facts contained therein that his sister Shabnam was married to Israr on 24.03.2004. Informant's brother spent Rs. 3 lacs in the marriage of his sister, but in spite of that, accused persons made a demand for a motorcycle along with cash of Rs. 50,000/-. Since nikah was performed, therefore, the informant could not do anything under compulsion. After the marriage, the informant moved a complaint to S.P., Haridwar, but since the accused persons apologized, therefore, he did not press his complaint. When sister of the informant went to her matrimonial home, accused persons started harassing her and also assaulted her. Her husband Israr desired carnal intercourse against the order of nature with the sister of the informant, to which Shabnam (victim) refused. Israr assaulted his sister. She lost her eyesight. She became visually handicapped. Israr started making a plan to marry another girl. After some reprieve, she was ousted from her matrimonial home. On 22.06.2010, at 8:00 pm, accused persons again came to the informant's house and demanded Rs. 50,000/-. When informant and his sister expressed their inability to meet the demand, they assaulted his sister and attempted to kill her, as a consequence of which, she sustained several injuries. With great effort, informant was able to get his case registered after taking recourse to Section 156 (3) Cr.P.C.;


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