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2023 Supreme(SC) 355

ABHAY S. OKA, RAJESH BINDAL
S. M. Mansoori (Dead) through LRs. – Appellant
Versus
Surekha Parmar – Respondent


Advocates appeared:
For the Petitioner(s): Mr. Rajeev Singh, AOR
For the Respondent(s): Ms. Mrinal Gopal Elker, AOR Ms. Abha R. Sharma, Adv. Ms. Aarushi Singh, Adv.

JUDGMENT :

ABHAY S. OKA, J.

1. Leave granted. We have heard the learned counsel appearing for the appellant and the learned counsel appearing for the private respondents as well as for the State.

FACTUAL ASPECTS

2. The appellant filed a complaint under Section 200 of the Code of Criminal Procedure, 1973 (for short ‘Cr.P.C.’) in the Court of the learned Judicial Magistrate (First Class) at Anuppur. Cognizance of the offences punishable under Sections 147, 323, 342, 504 and 506B of the Indian Penal Code, 1860 (for short ‘IPC’) was taken by the learned Judicial Magistrate on the basis of the complaint.

3. The original appellant was the complainant. The appellant (1.1) - Dr. Mushtaq Mansoori is the son of the original appellant. Dr. Mushtaq was married to one Mehjabi Anjum. On the basis of a complaint filed by Mehjabi on 18th January 2000, a First Information Report (F.I.R.) was registered by Mahila Police Station, Jabalpur against the appellant and their family members for the offences punishable under Section 498A, and Section 506 read with Section 34 of IPC as well as Section 3 read with Section 4 of the Dowry Prohibition Act, 1964.

4. The allegation in the complaint filed by the origin

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