HASHMATULLAH ALIAS MUFTI HASHMATULLAH Vs. STATE OF BIHAR

JUDGEMENT

(1.) Heard learned Counsel for the petitioners and the learned Counsel for opposite party No. 2 as also the learned Counsel for the State.

(2.) The present application has been filed for quashing the entire proceeding in Complaint Case No. 864 of 2002 instituted under Sections 323, 302, 379, 304-B, 307, 354, 504 and 498-A of the Indian Penal Code read with Sections 3/4 of the Dowry Prohibition Act. The daughter of opposite party No. 2 was married on 11.5.1999 with one Maulvi Md. Amanatullah (not a petitioner in the present application) of village Dariyapur in the District of Sitamarhi. She was residing at Bombay with her husband when she died on 23rd March, 2002 in the hospital there. In pursuance of her death an FIR was lodged at Mumbai by the landlady where the deceased resided with her husband, registered under Sections 498-A and 302 of the I.P.C. bearing C.R. No. 293 of 2002 at the Bandra Police Station.

(3.) It is not in dispute between the parties that this prosecution instituted at Bombay was only against the husband of the deceased was continuing, and that he has been released on bail therein by the order dated 4.10.2002 by the Court of Addl. Sessions Judge for Greater Mumbai in Bail Application No. 1565 of 2002.