MOHAMMAD AYUB RIZVI Vs. SALMA KHAN

JUDGEMENT

(1.) Heard Sri Jageshwari Prasad Mathur, learned counsel for the applicants, Sri Sayyed Farooq Ahmad, learned counsel for the opposite party no.2, Sri Aniruddh Kumar Singh, learned A.G.A.-I and Sri Sanjay Kumar Yadav, learned A.G.A. for the State and perused the material placed on record.

(2.) Instant application has been filed with the prayer to stay the entire proceedings in Complaint Case No.942/18 (Smt. Salma Khan Vs. Mohammad Aizaz), under Sec. 498-A, 323 I.P.C. and Sec. 4 D.P. Act by the court of Civil Judge (Junior Division) FTC/Judicial Magistrate, Unnao alongwith the summoning order dtd. 13/9/2018.

(3.) Factual matrix of the case is that on 11/3/2012, the opposite party no.1 got married with Aayaz @ Babu son of applicant no.1 at Lucknow, and as Aayaz was working at Saudi Arabia, therefore, the opposite party no.1 is willing to live with him at Saudi Arabia. When Aayaz, while leaving the opposite party no.1 in India, went to Saudi Arabia on 20/4/2015 then she started creating trouble in the entire family and went to live separately at Balaganj and then to her parents' home at Unnao. Thereafter, a complaint was filed on 31/1/2018. Further an F.I.R. was also lodged on 16/2/2018. The trial court passed the order on 13/9/2018 and summoned the present applicant under Sec. 498A, 323 I.P.C. and Sec. 4 of the Dowry Prohibition Act which is under challenge in the instant application.