MOHAMMAD ABDUL HAKEEM AND ANOTHER Vs. STATE OF UTTARAKHAND & ANOTHER
LAWS(UTN)-2013-3-105
HIGH COURT OF UTTARAKHAND
Decided on March 01,2013

Mohammad Abdul Hakeem And Another Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) By way of this writ petition, the petitioners seek to quash the charge-sheet dated 08.06.2012 and the summoning order dated 25.09.2012 passed by the Chief Judicial Magistrate, Udham Singh Nagar along with entire proceedings in criminal case no. 4000 of 2012, State vs. Irfan and others, under Sections 498-A, 323 and 506 IPC and Dowry Prohibition Act, pending in the Court of Chief Judicial Magistrate, Udham Singh Nagar.
(2.) A first information report was lodged taking recourse to Section 156 (3) Cr. P.C., on 30.12.2011 at PS Gadarpur, District Udham Singh Nagar as regards the offences punishable under Sections 498A, 323 /506 /315 IPC and Section Dowry Prohibition Act at the instance of Noor Ahmad, father of the victim (Shabana). Accused applicant Mohammad Adbul Hakeem is father-in-law (sasur) and Mrs. Subeda is mother-in-law (saas) of the victim Shabana.
(3.) Learned counsel for the petitioners submitted that there is difference of opinion between the husband and wife. The husband of the victim is willing to take his wife back and restore conjugal rights. Even husband of the victim (Shabana) has filed a petition ((annexure -3) for restitution of his conjugal rights. Learned counsel for the State took the Court through the contents of the first information report, which contents are general in nature. General allegations of behaviour and maltreatment are levelled against the family members of the husband.;


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