AKHLAK Vs. STATE OF UTTARANCHAL

JUDGEMENT

(1.) By means of this petition, moved under Section 482 of the Code of Criminal Procedure, 1973 (for short Cr.P.C.), the petitioners have sought quashing of the proceedings of Criminal Case No. 1696 of 2004; State Vs. Usman and others, relating to offences punishable under Section 498-A, 323, 504, 506 of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961, police station Kotwali, pending in the court of Judicial Magistrate, Roorkee, District Haridwar.

(2.) Heard learned counsel for the parties and perused the affidavit, counter affidavit and rejoinder affidavit filed on behalf of the parties.

(3.) Brief facts of the case are that Gulshan Ara, daughter of respondent No. 3 got married to Mohd. Usman on 2nd of May 2004, in Village Tanda Banhera, within the limits of police station Manglaur, District Haridwar. It is alleged by respondent No. 3 in the first information report that after the marriage the husband and other relatives, including the petitioners, demanded Rs. 50,000/- as dowry. The respondent No. 3 could not arrange Rs. 29,000/- due to which her daughter was subjected to cruelty and beaten. The police registered Crime No. 202 of 2004, relating to offences punishable under Section 498-A, 323, 504, 506 of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961, against Mohd. Usman (husband), Akhlak (uncle-in-law), Irfan (father-in-law), Farzana (aunt-in- law) and Yaqub (grandfather-in-law). After investigation, charge sheet appears to have been filed against all the five in respect of offences punishable under Section 498-A, 323, 504, 506 of I.P.C., and one punishable under Section 3/4 of the Dowry Prohibition Act, 1961.