ZUBAIR UL ABIDIN Vs. STATE

JUDGEMENT

(1.) This is a petition under Section 482 of the Code of Criminal Procedure, 1973 (hereinafter referred to as Cr.P.C.) against the impugned order dated 10.10.2013 in a complaint case No. 65/1/13 titled as Dr. Zubair Ul Abidin vs. State & Ors. passed by learned Metropolitan Magistrate (South), Saket Courts, New Delhi whereby the application under Section 156(3) Cr.P.C. filed by the petitioner was dismissed. Briefly stating the relevant facts are that the petitioner moved an application under Section 156(3) Cr.P.C. on the allegations, inter alia, that the petitioner herein lodged FIR No. 135/2012 under Sections 379/34 IPC registered at P.S. Safdarjung Enclave on 26.4.2012 against Ms. Sameena Khan and her brother. On 01.06.2012 at about 3.23 p.m. Ms. Sameena Khan called the complainant from her mobile No. 09538077123 and threatened to take back the said complaint of theft and also forced the petitioner to withdraw the suit for injunction or to face dire consequences. It was also alleged by the petitioner that Ms. Sameena Khan demanded a sum of Rs. 50.00 lakhs (Rupees fifty lakhs) and a flat in Noida and if the said demands are not fulfilled she threatened to implicate the petitioner in a false case by trying to commit suicide and also threatened him to falsely implicate him in a rape case.

(2.) On the prayer under Section 156(3) Cr.P.C., learned Metropolitan Magistrate (South), Saket Courts, New Delhi called Action Taken Report (ATR). The SHO concerned to whom it was sent submitted a report. As per ATR, this is a dispute between husband and wife and there are several previous litigations pending between the parties.

(3.) Learned counsel for the petitioner urges that the petitioner herein came in contact with Ms. Sameena Khan in the month of September, 2011 and a Nikah was performed before a Qazi at Nizamuddin, Delhi according to Muslim rights on 7.2.2012. On 22.2.2012 the petitioner filed a suit for permanent injunction at Saket Courts, New Delhi. Thereafter, Sameena Khan lodged FIR No. 11/2012 under Sections 498A/323/504/506 IPC and Sections 3 and 4 of the Dowry Prohibition Act at P.S.J.P. Nagar, U.P.