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2018 Supreme(SC) 1346

S.A.BOBDE, L.NAGESWARA RAO
Mohammad Miyan – Appellant
Versus
State Of Uttar Pradesh – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Dr. R.K. Das, Mr. Vikas K. Singh, Mr. T. N. Singh, AOR
For the Respondents: Mr. Asad Alvi, Ms. Saba Asad Ali, Mr. Faiz Rizvi, Mr. D. Vidyanandan, For Mr. Satya Mitra, Mr. Garvesh Kabra, Mr. Vivek Sharma, Adv.

ORDER :

1. Leave granted.

2. The incident for which the appellants are being prosecuted is said to be as follows :

3. On 15.2.2012, at a meeting between the complainant-wife viz., Tausif Akhtar and her husband Mohammad Miyan along with his mother Saleeman Nisha and many other relatives who are about 9 in number, a demand for dowry was made. The wife is said to have refused to pay since the dowry has already been paid. Therefore, the husband is said to have got enraged and the mother-in-law Saleeman Nisha and sister-in-law of the complainant are said to have caught her hair and the husband is said to have given blow with fist because of which one tooth of the complainant-wife is said to have broken.

4. The complainant filed an FIR against the appellants alleging offences under sections 498A, 323, 325, 504 and 506 of the Indian Penal Code and sections 3/4 of the Dowry Prohibition Act, 1961.

5. The husband and other co-accused approached the High Court by filing petition under section 482 of the Code of Criminal Procedure (for short, the ‘Cr.P.C.’) for quashing the entire criminal proceedings. The High Court dismissed the said petition with liberty to the appellants-accused to file applica













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