MOHD PARVEZ KHAN Vs. STATE OF U P

JUDGEMENT

(1.) BY the present application under Section 482, Cr. P.C. the applicants have invoked the inherent jurisdiction of this Court praying for quashing of the criminal proceedings of Criminal Case No. 1206 of 2008, State of U.P. v. Mohd. Parvez Khan and others, under Sections 498A/323/506, I.P.C. and Section 3/4 of Dowry Prohibition Act pending in the Court of Judicial Magistrate I, Allahabad. The secondary, prayer is for stay of further proceedings of the aforesaid case during the pendency of this application before this Court.

(2.) THE background facts in a nutshell are as follows: Mohd. Parvez Khan applicant No. 1 was married with opposite party No. 2 Smt. Bushra Begum, who is informant of the case crime No. 10 of 2008 under Sections 498A, 323, 506, I.P.C. and Section 3/4 of Dowry Prohibition Act of P.S. Mahila Thana, District Allahabad. THE F.I.R. of the said crime number was lodged by her on 13.3.2008 at about, 5 p.m. in respect of the incident dated 9.1.2005. In the said F.I.R. all these applicants were mentioned as accused persons. Applicant No. 1 is husband, applicant No. 2 is widowed mother-in-law, applicant Nos. 3 and 4 are Nanads while applicant Nos. 5 and 6 are Dewars of the complainant opposite party No. 2.

(3.) I have heard Shri Abdul Majeed, advocate on behalf of the applicants and Shri Khalid Mahmood, advocate on behalf of opposite party No. 2, informant Smt. Bushra Begum and the learned A.G.A. at a great length and perused the material placed on record.