SAFFAN Vs. STATE OF U P

JUDGEMENT

(1.) -By means of this application under Section 482 of the Code of Criminal Procedure (in short the 'Cr. P.C.'), the applicants 1. Saffarn, 2. Abdul Qavi, 3. Smt. Ishtekhar, 4. Hassan, 5. Iffat and 6. Smt. Habiba have invoked inherent jurisdiction of this Court, praying for quashing of the proceedings of Criminal Case Nos. 3871 of 2001, State v. Saiful Islam and others and 5024 of 2001, State v. Smt. Habiba, both arising out of Crime No. 36 of 2001, under Sections 498A, 323 and 506 of Indian Penal Code (in short the 'I.P.C.') and Section 3/4 of Dowry Prohibition Act (in short the 'D.P. Act') of P. S. Mahila Thana Meerut, pending in the Court of Chief Judicial Magistrate, Meerut.

(2.) SHORN of unnecessary details, the facts leading to the filing of the application under Section 482 Cr. P.C., in brief, are that the marriage of applicant No. 1 Saffan and O.P. No. 3 Smt. Sagufta took place on 7.11.1999. Due to strained relations between the parties, an F.I.R. was lodged by Smt. Sagufta against the applicants on 9.5.2001 at P.S. Mahila Thana, Meerut, where a case under Sections 498A, 323 and 506, I.P.C. and Section 3/4 of D. P. Act was registered at Crime No. 36 of 2001. An application under Section 125, Cr. P.C. for granting maintenance was also filed by O.P. No. 3 Smt. Sagufta against her husband Saffan (applicant No. 1) in Family Court, Meerut. During pendency of the case under Section 125, Cr. P.C., the parties entered into compromise, in terms of which Rs. 51,000 were paid by the applicant Saffan to Smt. Sagufta through Bank Draft No. 829574 and Rs. 49,000 were also paid to her in cash for maintenance during iddat period. Entire stridhan was also returned to Smt. Sagufta and divorce was also granted to her according to the Muslim rites. According to the terms of the compromise, Smt. Sagufta had agreed that she would not prosecute the Case of Crime No. 36 of 2001. Inspite of this compromise, Charge-sheet No. 39 of 2001 against the applicants Saffan, Abdul Qavi, Smt. Ishtekhar, Hasaan and Smt. Iffat and another Charge-sheet No. 39A of 2001, against the applicant Smt. Habiba were filed in the Court of Chief Judicial Magistrate, Meerut, who after taking cognizance summoned the applicants-accused to face the trial in Crl. Case No. 3871 of 2001 and 5024 of 2001. Proceedings of both these cases are being sought to be quashed by the applicants by means of this application under Section 482, Cr. P.C.

(3.) ALTHOUGH the O.P. No. 3 Smt. Sagufta had appeared and filed vakalatnama of Sri Aditya Prashad Mishra advocate on 11.6.2004, but she has not fled any counter-affidavit to controvert the averments made in the affidavit of Abdul Qavi, which has been filed in support of the application under Section 482, Cr. P.C. annexing therewith certain papers as annexures.