ABDUL SALAM Vs. 7TH ADDL. CHIEF JUDICIAL MAGISTRATE

JUDGEMENT

(1.) THIS is an application under Section 482, Cr.P.C. for quashing the proceedings in a criminal case instituted by respondent No. 2 Smt. Zeenath against the applicants.

(2.) THE brief facts of the case are that respondent Smt. Zeenath was married to applicant No. 2 Mohd. Farooq in the year 1982 but their relations became strained after sometime. Respondent No. 2 filed a suit in the year 1983 for the recovery of the articles said to have been given at the time of marriage. After filing the civil suit she filed a criminal complaint under Section 406, I.P.C. in the year 1986. The present applicants filed Criminal Misc. Application No. 1132 of 1993 in this Court and it was contended that during the pendency of civil proceedings criminal proceedings cannot go on. The application was disposed of by this Court on 19.1.1993 with a direction that the objection may be considered and decided by the learned Magistrate on the basis of facts established by the applicants.

(3.) THE learned Magistrate has referred to the case of Prathibha Rani v. Suraj Kumar, 1985 Cri App R (SC)96 : (1985 Cri LJ 817). The case is also reported in AIR 1985 SC 628 and the following observations have been made in para 21: