HAJI SAYYAD Vs. STATE OF M P

JUDGEMENT

(1.) ARGUMENTS heard. 1. This is a petition, under Section 482 of the Code of Criminal Procedure (for short "the Code"), for quashing of - (i) the order-dated 17/4/2012 passed by Shri Sunil Kumar Mishra, JMFC, Jabalpur, under Section 156(3) of the Code, forwarding the complaint made by respondent no.2, to SHO, P.S. Cantt, Jabalpur, for investigation, after recording an FIR against the petitioner in respect of the offence punishable under Section 3 of the Dowry Prohibition Act, 1961 (hereinafter referred to as "the Act"). (ii) the FIR leading to registration of Crime No.161/2012 at the Police Station as well as the consequent proceedings of investigation.

(2.) MARRIAGE of the respondent no.2 was solemnized with Shahnaz, the daughter of the petitioner, in the year 2006. On 20/1/2007, they were blessed with a son named Tabrez. Shahnaz has been residing at her parental home since 2009 and in a case initiated on the basis of the FIR lodged by her, the . - respondent no.2 is facing trial upon the charge of the offence under Section 498-A of the IPC. The complaint is based on the admission said to have been made by the petitioner in his case diary statement as well as in his deposition before the trial Magistrate to the effect that he had given dowry in connection with the marriage of Shahnaz with the respondent no.2.

(3.) BESIDES this, the background facts and circumstances of the case, as highlighted above, learned Magistrate could have easily discovered that the complaint was filed as a counter blast to the prosecution launched against the respondent no.2.