ASHRAF KHAN S/O SRI ABDUL KALAM Vs. STATE OF UTTARAKHAND
LAWS(UTN)-2013-2-4
HIGH COURT OF UTTARAKHAND
Decided on February 12,2013

Ashraf Khan S/O Sri Abdul Kalam Appellant
VERSUS
STATE OF UTTARAKHAND Respondents

JUDGEMENT

PRAFULLA C.PANT, J. - (1.) HEARD .
(2.) BY means of this petition moved under Section 482 of Cr.P.C., the petitioners have sought quashing of the proceedings of Criminal Complaint Case No. 105 of 2012, Smt. Sahnaz Vs. Aslam Khan & others, relating to offences punishable under Section 498A, 323, 504 and 506 of I.P.C., pending in the court of Additional Civil Judge(Senior Division)/Additional Chief Judicial Magistrate, Nainital. Learned counsel for the petitioners submitted that the complainant (present respondent No.2) got married to Aslam Khan way back in the year 1990. The couple has two children. It is contended that due to matrimonial discord between Sahnaz (respondent No. 2) and her husband Aslam Khan, abusing the process of law, the respondent No.2 Sahnaz (complainant) has not only initiated criminal proceedings against her husband, but also against the present petitioners, who are simply relatives of the husband of the respondent No.2. It is further pleaded that the petitioner No.1 Ashraf Khan and petitioner No.3 Nasir Khan are brothers of the husband of the respondent No.2, who live separately with their wives (i.e. petitioner No.2 Tabassum @Ladli and petitioner No.4 Sahnaz), separately from Aslam Khan (husband of the respondent No.2). The allegation of cruelty made by the complainant is against her husband only, which appears to be supported by the medical evidence. It is argued that prosecution of present petitioners is nothing but abuse of process of law
(3.) ADMIT the petition.;


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