ZAHID AKHTAR Vs. STATE OF M P

JUDGEMENT

(1.) THIS petition under section 482, CrPC has been directed lor quashing the criminal proceedings pending against the petitioners in the Court of Chief Judicial Magistrate, Sagar for offence under section 498A, IPC and section 4 of Dowry Prohibition Act.

(2.) THE facts giving rise to this petition are these : - The petitioner No. 1 Zahid Akhtar was married to one Smt. Farhat Khan on 17 1.1993. In consequence of the wedlock a son named Tanvir Ahmed was born on 24.7.1994 who is living with Smt. Farhat Khan. It has been alleged by the petitioner that since the behaviour of Farhat Khan was not proper, the petitioner No. 1 divorced her on 2.10.1997 by a written Talaqnama.

(3.) THE case was registered as Criminal Case No. 1 100/2000. The learned Magistrate in due course framed charge for offence under section 498 -A and section 4 of Dowry Prohibition Act against the petitioners. The petitioners No. 2 to 5 filed a revision petition against the order passed by the learned Chief Judicial Magistrate framing charge against them which was dismissed by the learned Sessions Judge. The petitioners have, therefore, filed the present petition seeking the intervention of this Court exercising extraordinary jurisdiction under section 482, CrPC.