JAHIRUDDIN Vs. STATE OF U P

JUDGEMENT

(1.) INSTANT application has been moved under Section 482 Cr.P.C. to quash the charge -sheet dated 15 -8 -2003 filed against applicants in Crime No. 270 of 2003 under Section 323/506/498 -A, IPC and Section 3/4 Dowry Prohibition Act in Criminal Case No. 1707 of 2002, State v. Jahiruddin and Ors., Police Station Orai, Sant Ravidas Nagar.

(2.) HEARD Sri Haridwar Singh learned Counsel for the applicants, Sri Alok Kumar Yadav, learned Counsel for opposite party No. 2 and Sri A.K. Verma learned AGA and have gone through the record.

(3.) ACCORDING to prosecution opposite party No. 2 Abdul Hakim married his daughter Sahnaz Bano with applicant No. 1 Jahiruddin on 18 -3 -2001 according to Muslim custom and she went to the house of her father -in -law. Her father had given gift and spent money in her marriage and there were no demand of dowry at that time. But later on when Sahnaz Bano started to live at the residence of the applicants, the husband Jahiruddin demanded Rs. 2 Lakhs and Television. FIR was lodged on 22 -7 -2003 at 5 p.m. against the applicants by opposite party No. 2 Abdul Hakim Bearing Crime No. 270/2003 under Section 323/506/498 -A IPC and Section 3/4 Dowry Prohibition Act containing the fact that these persons used to cause torture to her. Panchayat was called for still they turned her out of the house because their demand for dowry was not satisfied and uptil now Sahnaz Bano is living at the residence of her father. During investigation applicant Jahiruddin filed Criminal Writ Petition No. 4182 of 2003 in this Court and on 6 -8 - 2003 it was directed that till further orders applicants shall not be arrested in Crime No. 270 of 2003 under Section 323/506/498 -A IPC and 3/4 Dowry Prohibition Act subject to the condition that applicants co -operate with investigation and shall make themselves available to the investigating officer whenever required. After investigation when charge -sheet has been submitted instant application under Section 482 Cr.P.C. has been moved.