NAUSHAD HUSSAIN Vs. STATE OF UTTARAKHAND

JUDGEMENT

(1.) The applicant, by means of present application / petition under Section 482 of Cr.P.C., seeks to quash the summoning order dated 26.06.2010, passed by II Addl. Chief Judicial Magistrate, Dehradun in criminal case no. 5179 of 2010, State vs Naushad, under Sections 504, 506 of IPC, relating to police station, Patel Nagar, District Dehradun.

(2.) Complainant (respondent no. 3 herein) lodged an FIR against the accused (applicant herein) on 27.02.2010, at police station, Patel Nagar for the offences punishable under Sections 504, 506 of IPC. After the investigation, a charge-sheet was submitted against the accused for the selfsame offences. Cognizance was taken on the said charge-sheet and accused-applicant was summoned to face the trial. Aggrieved against the same, present application under Section 482 of Cr.P.C. was filed.

(3.) According to the complainant, Razia, her brothers and relatives convened a Panchayat on 01.10.2009 in the evening to settle the dispute between Razia and her husband Naushad Hussain (applicant herein). Naushad Hussain came and introduced himself as Constable in U.P. police, who was posted at Bareilly. Naushad met Razia in the Panchayat. He promised in the Panchayat that if he failed to convince Razia, he will give triple talak to her. In the Panchayat, Naushad failed to convince Razia. A settlement deed was prepared according to the dictates of Naushad Hussain. Accused-applicant failed to put his signatures on settlement deed. He got infuriated and started using abusive language against Mufti Rais Ahmad (respondent no. 3 herein). Mufti maintained silence (keeping in mind the dignity of his office of Mufti). Naushad thereafter threatened Mufti not to intervene in his matter. Subsequent thereto, he threatened Mufti on telephone also. Mufti tried to help a woman according to the tenets of Islam. Shariat court also issued notice to Naushad. When Naushad came to know of the same, he again used abusive language against Mufti. Accused-applicant also threatened Mufti not to take side of Razia and her brothers. He also sent a threatening letter to respondent no. 3.