KHAIRUNNISA Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition moved under section 482 of Code of Criminal Procedure 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of criminal case No.4328 of 2004, State vs. Khairunnisa, relating to offences punishable under section 498A, and 323 I.P.C., and one punishable under section Dowry Prohibition Act, 1961, P.S. Haldwani, pending in the court of Judicial Magistrate, Haldwani.

(2.) Heard learned counsel and perused affidavit filed on behalf of the petitioner and counter affidavit filed on behalf of the respondent no.2.

(3.) Brief facts of the case are that respondent no.2 Faraha Khan got married to Amjad Khan on 20.11.2003. The petitioner no. 1 Khairunnisa is mother-in-law of respondent no.2. Petitioner no.2 Arshad Khan and Petitioner no.3 Javed Khan are brothers-in-law (DEVARS) of the respondent no.2/ complainant. The respondent no.2 Faraha lodged first information report on 12.05.2004, against her husband Amjad Khan (since deceased), father-in- law Ahasan Khan (since deceased), mother-in-law Smt. Khairunnisa (petitioner no.1), brother-in-law Arshad Khan (petitioner no.2) ,and another brother-in-law Javed Khan (petitioner no.3) whichwas registered as crime no. 2348 of 2004, at police station Haldwani, relating to offences punishable under section 498A, and 506 IPC and one punishable under section of Dowry Prohibition Act, 1961. In said FIR (copy of which is Annexure-3 to the petition) it is alleged that complainant's husband, father-in-law, mother-in- law, and brothers-in-law demanded dowry of rupees one lac and ousted her from her house for non fulfillment of demand of dowry. After investigation, police submitted charge sheet (Ex. A5 to the petition) before the court of Judicial Magistrate, Haldwani, for trial of accused Khairunnisa, Arshad, and Javed for their trial in respect of charge of offences punishable under section 498A, 323 IPC and one punishable under section of Dowry Prohibition Act, 1961. The petitioners have challenged the summoning order passed on the aforesaid sheet and the criminal proceedings initiated thereon.