INAM Vs. ASHRAF

JUDGEMENT

(1.) THE applicant, by means of present application under Section 482 Cr.P.C., seeks to quash the summoning order dated 01.02.2010, as well as the entire proceedings of Criminal Complaint Case No. 1522 of 2010, captained as Ashraf vs. Inam, under Section 498 IPC, pending before 1st Additional Civil Judge (J.D.)/Judicial Magistrate, Roorkee, District Haridwar.

(2.) THE complainant (respondent herein) filed a criminal complaint case against the accused (applicant herein) in the Court of Judicial Magistrate, Roorkee, in relation to offences under Section 498, 379 and 341 of IPC. Statement of the complainant was recorded under Section 200 Cr.P.C. Statements of Shahnaj and Siratal were recorded under Section 202 Cr.P.C. After having found a prima facie case against the accused, he was summoned to face the trial under Section 498 IPC, vide order dated 04.03.2011 passed by 1st Additional Civil Judge (J.D.)/Judicial Magistrate, Roorkee. Aggrieved against the same, present application under Section 482 Cr.P.C. was filed.

(3.) ACCORDING to the complaint, complainant was married to Smt. Shehnaj some 17 year ago. Earlier, Shehnaj was married to the accused -applicant. After about a year of the marriage, applicant granted divorce to Smt. Shehnaj. Thereafter, the marriage of Shehnaj took place with the complainant (respondent herein) in accordance with Muslim rites and rituals. Four children were begotten by Shehnaj out of her wedlock with the respondent. It was alleged in the complaint that about four months ago (from the date of complaint) when the respondent was away from his house and his wife was all alone at home, the applicant came to his house, enticed her and took her away. The applicant also took away cash and gold ornaments of his wife stealthily. When the respondent came back to his home, co -villagers Imran and Siratal informed him that his wife was seen in the company of the applicant. The respondent filed an application in PS Bhagwanpur. Shehnaj could not be traced. Subsequently, on 30.11.2009, the respondent came to know that his wife Shehnaj was detained by the applicant in the house of his elder sister in village Badi Sirsali. The respondent gave an application to ADM, Roorkee. Search warrant was issued. Smt. Shehnaj was located. She was released from the detention of the applicant. The applicant knew it fully well that she was the legally wedded wife of the respondent and even then he maintained sexual relations with her. She was found in the custody of the applicant by the Sub Divisional Magistrate.