JAMALUDDIN ANSARI AZAD Vs. STATE

JUDGEMENT

(1.) The petitioner, vide instant writ petition under Article 226 of the Constitution of India read with Section 482 of the Code of Criminal Procedure is seeking direction for setting aside the order dated 29.10.2010 passed by learned Additional Sessions Judge in Crl.Rev.71/2010 and for quashing the FIR No.596/2010 P.S. Mandawali, Fazalpur u/s 3 of the Dowry Prohibition Act.

(2.) Briefly put, the facts relevant for the disposal of this petition are that daughter of the petitioner Noor Jahan filed a complaint of dowry demand and harassment against her husband (respondent no.2) and other in-laws with CAW Cell and on the basis of said complaint, after preliminary enquiry, FIR No.176/09 u/s 498A/406/34 IPC, P.S. Mandawali was registered against respondent no.2 and others.

(3.) Daughter of the petitioner, Noor Jahan in her above referred complaint alleged that at the time of marriage, her parents and near relatives had presented huge dowry articles consisting of gold and silver ornaments of about 3,50,000/- along with costly clothes and cash worth Rs. 5 lakhs in two instalments i.e 2 lakhs at the time of ring ceremony and 3 lakhs at the time of marriage as demanded by her father-in-law and mother-in-law for purchasing the remaining dowry articles as per their own choice However, her husband and in-laws started passing sarcastic remarks regarding dowry as they were expecting a lot more and that they have been let down in the eyes of their relatives/friends. Besides that there were various other allegations regarding mal-nutrition and torture to her by her in aws started passing sarcastic remarks regarding dowry as they were expecting a lot more and that they have been let down in the eyes of their relatives/friends. Besides that there were various other allegations regarding mal-nutrition and torture to her by her in-laws.