MOHD ASHAQ ALI AND TWO OTHERS Vs. STATE OF UTTARAKHAND AND ANOTHER
LAWS(UTN)-2013-12-128
HIGH COURT OF UTTARAKHAND
Decided on December 20,2013

Mohd Ashaq Ali And Two Others Appellant
VERSUS
State of Uttarakhand and another Respondents

JUDGEMENT

- (1.) The applicants by means of present petition moved under Section 482 Cr. P.C., seek to quash the charge-sheet dated 04.11.2010, summoning order dated 06.12.2010 and the entire proceedings of Case No. 4065 of 2010, State vs. Ashak Ali, under Sections 498-A, 323, 504, 506 IPC and Section of the Dowry Prohibition Act, pending before the Judicial Magistrate, 1st Class, Roorkee, District Haridwar.
(2.) The complainant (respondent no. 2 herein) lodged a first information report against four named accused including the applicants on 27.09.2010 at PS Bhagwan Pur, which was registered as case crime no. 498-A,323, 504, 506 IPC and Section 3/4 of the Dowry Prohibition Act. After the investigation, a charge-sheet was submitted against three accused persons (applicants herein) for the selfsame offences. Cognizance was taken on the charge-sheet and the accused persons were summoned to face the trial. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.
(3.) According to the complainant, his daughter Nasreen was married to Mohd. Ashak Ali on 07.05.2007 at village Kishanpur, Jamalpur, District Haridwar as per Muslim rites and rituals. A good number or articles were given to the in-laws of Nasreen, but her in-laws were not satisfied with the same and they, therefore, started harassing her for not bringing sufficient dowry. They were also given cash of Rs. 10,000/- twice but still they were not satisfied and assaulted Nasreen. She was ousted from her matrimonial home on 06.08.2010. Her injuries were examined by the Medical Officer, but the report could not be lodged. An application was given to Senior Superintendent of Police, Haridwar, but the police did not take any action. The complainant had, therefore, no option but to take recourse to Section 156 (3) Cr.P.C. Injury report of Nasreen Jahan is brought on record (annexure-2), which was filed with the application under Section 156(3) Cr.P.C.;


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