MOHD YAQUB 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.

(3.) Learned counsel for the petitioners submitted that petitioner No. 1 Mohd. Yaqub is grandfather of husband of daughter of respondent No. 3 (complainant). Attention of this Court is drawn to Annexure 3 to the petition, which is copy of the Voter Identity Card issued by the Election Commission of India, in which on 01.01.2003, age of petitioner No. 1 Mohd. Yaqub is shown 77 years. It is pleaded on behalf of the petitioners that it is abuse of process of law on the part of the complainant to implicate an old and infirm man of the family in the matrimonial dispute between his grandson Usman and his grand daughter-in-law Gulshan Ara.