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2006 Supreme(All) 2999

BARKAT ALI ZAIDI
Ashok Kumar Buxi – Appellant
Versus
State of U. P. – Respondent


JUDGMENT

Hon’ble Barkat Ali Zaidi, J.—Wife filed a complaint ( No. 1088 of 1999) against the husband and ten other relatives for non-return of Stridhan property under Section 406 Indian Penal Code and the Magistrate (A.C.J.M.) Agra issued process. Two of the eleven accused , named above, being the brother and the wife of husband’s brother have come under Section 482 Cr..P.C. to quash the proceedings.

2. The complainant-Opp.Party No. 2 has mentioned the Stridhan given in para No. 6 of the complaint, and the list annexed which are as follows:-

(i) Cash amount of Rs. 35,000/-

(ii) One Bajaj Chetak Scooter.

(iii) One Big Almirah.

(iv) Polar Ceiling Fan.

(v) Two HARS of Gold and

(vi) One Ring of Gold

(vii) Etc.

3. It was mentioned in the complaint that she was turned out of the house by his Kinsmen while the husband had gone out of the country and they retained the Stridhan item for themselves. A notice was also given for return of Stridhan property by the wife ( Opp.Party No. 2) to the accused but the Stridhan property was not returned and thereafter, she filed this complaint.

4. The two petitioners, who have come to this Court, who are husband’s brother and his wife, are residing at Bo












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