RAIS AHMAD Vs. STATE OF U. P.

JUDGEMENT

(1.) This application under Sec. 482 of the Code of Criminal Procedure, 1973 ('Code' for short) has been filed, seeking to quash the entire proceedings of Case No. 5381 of 2023, State v. Mohd. Azeem and others (arising out of Case Crime No. 233 of 2022) under Ss. 498A, 323, 506 of the Indian Penal Code, 1860 ('IPC' for short), Sec. 3/4 of the Dowry Prohibition Act, 1961 ('the Act of 1961' for short) and Sec. 3/4 of Muslim Women (Protection of Rights on Marriage) Act, 2019 ('the Act of 2019' for short), Police Station Seohara, District Bijnor, pending in the Court of the Chief Judicial Magistrate, Bijnor.

(2.) It may be noted at the outset that applicants nos. 1 to 6 have been charge-sheeted for offences punishable under Ss. 498A, 323, 506 IPC and Sec. 3/4 of the Act of 1961, whereas applicant no. 7, who is the husband of the complainantopposite party, Smt. Rukhsar, has been charge-sheeted under Ss. 498A, 323 IPC, Sec. 3/4 of the Act of 1961 and Sec. 3/4 of the Act of 2019.

(3.) The allegation against the husband are that on 15/1/2022 at about 04:00 p.m., he pronounced a Triple Talaq, putting an end to the marriage. This divorce in the triple mode was pronounced over telephone. The complainant-opposite party has complained of cruelty by applicants nos. 1 to 7, including the said applicants turning her out of her matrimonial home. There is a case of demand of dowry by all the applicants, including cash in the sum of Rs.15.00 lacs. The complainant-opposite party's husband stays and works in the Kingdom of Saudi Arabia.