GUFRAN ALI KHAN AND OTHERS Vs. TASLIM BANO

JUDGEMENT

(1.) The applicants, by means of this application under Section 482 Cr.P.C., seek to quash the summoning order dated 17.10.2008 as well as proceedings of Criminal Misc. Case No. 557 of 2008, captioned as Smt. Tasleem Bano vs. Gufran Ali Khan and others, under Sections 323, 406, 506 IPC, PS Khatima, District Udham Singh Nagar, pending before the Judicial Magistrate, Khatima.

(2.) A criminal complaint case was filed by the respondent against the applicants in respect of offences punishable under Section 323, 406, 506 IPC. The statement of the complainant / respondent was recorded under Section 200 Cr.P.C. The statements of the witnesses, namely, Vivek and Aamir Siddiqui were recorded under Section 202 Cr.P.C. The application was sent by the respondent to S.S.P., Udham Singh Nagar. Having found a prima facie case against the applicants, they were summoned to face the trial. Aggrieved against the said order, present application under Section 482 Cr.P.C. was preferred.

(3.) The complainant, in her complaint, alleged, among other things that she was married to the applicant no.1 on 03.10.2002 according to Muslim religion and rites. Some items were gifted to the accused persons in the marriage. On 06.05.2006, the complainant demanded her stridhan, which was not acceded to by the accused persons. On 22.07.2008, the applicants assaulted the respondent. The accusedapplicants demanded a car and a dowry of Rs. 5,00,000/- which the respondent could not fulfill. The accused-applicants were summoned to face the trial in respect of offences punishable under Sections 323, 406, 506 IPC.