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2002 Supreme(Del) 1055

M.A.KHAN
MAAN SINGH – Appellant
Versus
STATE (NATIONAL CAPITAL TERRITORY OF DELHI) – Respondent


MAHMOOD ALI KHAN

( 1 ) THIS petition is filed under Section 482 cr. P. C. for quashing the proceedings pending before the metropolitan Magistrate arising out of FIR No. 441/1998 under Section 498a IPC of P. S. Malviya Nagar.

( 2 ) BRIEFLY, the facts are that Kulwant Kaur filed a complaint with the Crime Against women Ceil, Nanakpura alleging harassment and cruelty caused to her by her husband Maan Singh, petitioner herein, and other members of his family for demand of money and for other reasons which have been narrated in the complaint. On the basis of this complaint FIR No. 441/1998 under Section 498a/406 ipc was registered. During the investigation the supplementary statement of complainant and her parents etc. was recorded. On completion of the investigation a challan was submitted for the prosecution of the petitioner and other members of his family under Section 498a/406 IPC. At the time of consideration of the case for framing of a charge the learned Metropolitan magistrate discharged the accused, other than the petitioner, of all the offences and also discharged the petitioner for offence under Section 406 IPC. But holding that prima-facie a case for framing of a charge for















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