Decided on December 18,2013

Noor Jahan And Another Appellant
State of Uttarakhand and another Respondents


- (1.) The applicants, by means of present application / petition under Section 482 of Cr.P.C., seek to quash the charge-sheet dated 18.08.2010, summoning order dated 13.09.2010, as well as the proceedings of criminal case no. 3192 of 2010, State vs Abdul Salam Gohar and others, under Sections 498-A, 494, 323, 504 of IPC and Section 3/4 of the Dowry Prohibition Act, police station, Jaspur, District Udham Singh Nagar, pending in the court of Judicial Magistrate, Kashipur, District Udham Singh Nagar.
(2.) An FIR was lodged by complainant (respondent no. 2 herein) against five accused persons, including the applicants, on 21.04.2010, at police station, Jaspur for the offences punishable under Sections 498-A, 323 of IPC and Section 3/4 of the Dowry Prohibition Act. After the investigation, a charge-sheet was submitted against the accused persons, including the applicants, under Sections 498-A, 494, 323, 504 of IPC and Section 3/4 of the Dowry Prohibition Act. Cognizance was taken on the said charge-sheet and applicants were summoned to face the trial. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.
(3.) According to the complainant, she was married to Abdul Kalam Azad (non-applicant) as per Muslim rites and rituals on 16.10.2002. The complainant went to her matrimonial home and performed conjugal rights. Two children were begotten by the complainant out of her wedlock with Abdul Kalam Azad. After sometime, her husband alongwith her mother-in-law and father-in-law, started making a demand of a Santro car and cash worth Rs. 5,00,000/-. They were not satisfied with the articles given by father of the complainant in her marriage. They started beating the complainant. The complainant somehow tolerated the same. A Panchayat was convened, but to no avail. Husband of the complainant married another woman, named Sapna alias Hina, who was living with her husband. The complainant was ousted from her matrimonial home on 21.04.2010. The complainant, therefore, lodged FIR with the request to take legal action against the accused-applicants. When the matter was investigated into by the Investigating Officer, he found complaint version to be true and, therefore, submitted charge-sheet against the applicants.;

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