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2014 Supreme(All) 953

ALLAHABAD HIGH COURT
BEFORE : KARUNA NAND BAJPAYEE, J.
AAISHA BANO @ MAHZABI AND OTHERS ....Applicants
Versus
STATE OF U.P. AND ANOTHER ....Opposite Parties
(Criminal Misc. Application No. 23291 of 2011, decided on 29th May, 2014)

Advocates:
Counsel :
S.P. Singh Parmar for the Applicants; A.G.A. for the Opposite Parties.

Headnote:Criminal Procedure Code, 1973—Sections 482 and 125—(Indian) Penal Code, 1860—Sections 323, 504 and 506—Complaint—Criminal proceedings—Quashing of—FIR lodged much before date of application moved under Section 125 and complaint brought against applicants—At stage of summoning only a prima facie satisfaction on basis of allegations made by complainant is required to be considered by Court—In present case material on record shows mala fide prosecution—Impugned proceedings quashed. [Paras 5, 6 and 8]

JUDGMENT

Hon’ble Karuna Nand Bajpayee, J.—This application seeks the quashing of entire criminal proceedings of Complaint Case No. 1287 of 2007 (Sabir and others v. Safique Ahmad) under Section 323, 504, 506 I.P.C., Police Station-Aurai, District -Sant Kabir Nagar (Bhadohi) pending in the Court of Additional Chief Judicial Magistrate, Bhadohi at Gyanpur, District-Sant Kabir Nagar (Bhadohi).

Heard Shri S.P. Singh Parmar, learned counsel for the applicants and learned A.G.A. Record has been perused.

2. It seems that in order to explore the possibility of an amicable settlement between the parties, the matter was referred to Mediation Centre by order dated 26.7.2011. The report of Mediation Centre reveals that the aforesaid attempt could not fructify or bring any fruit as no agreement could have been arrived at an amicable settlement. The Court, therefore, deems it fit to decide the matter on merits.

3. It seems that a complaint was brought on behalf of Shafiq Ahmad in the Court against 6 accused persons namely Sabbir, Jahida @ Kamaroonisha, Hazi Abdul Latif, Aaisha Bano, Niyaz Ahmad and Bulbul. It may be relevant to mention that complainant Shafiq Ahmad is the husband of Aaisha Bano accused-applicant No. 1 while accused-applicant No. 2 Sabbir is father, Jahid @ Kamroonish accused-applicant No. 3 is mother, Hazi Abdul Latif accused-applicant No. 4 is maternal grand-father (Nana), Niyaz Ahmad accused-applicant No. 5 is real brother and Bulbil accused-applicant No. 6 is cousin of Aaisha BaNo. The allegations were to the effect that at some stage of complainant’s marital life the brother of complainant’s wife Aaisha Bano and her cousin Bulbul came to his house and took his wife to her parental house. As that month was the month of mourning (Muharram), the complainant resisted the idea of sending his wife at that time but the aforesaid two accused persons did not agree and forcefully took her away. It was further alleged that at the time of leaving matrimonial house, the complainant’s wife took away her entire valuables and ornaments with her. Subsequently, his wife refused to come to his house and her family members insisted that she would be sent back to her husband house only on the condition that the complainant should separate himself from other members of his family. As the idea of participation or separation was not accepted by the complainant, his in-laws the accused-persons refused to send his wife back to her matrimonial house. It was further alleged that subsequently on 23.7.2007 at about 9.00 a.m. complainant’s mother-in-law Jahida @ Kamroonisha, Sabbir father-in-law and the other aforesaid accused persons came to his house, abused him and made a criminal assault on him and brutally beat him up, as a result of which he incurred injuries also. On the hue and cry being raised, certain villagers assembled, intercepted and saved him. It was also alleged that his F.I.R. was not registered in the police station which then impelled him to bring the complaint to the Court.

4. Learned counsel for the applicants has castigated the truthfulness of the allegations vehemently and has placed before the Court multifold submissions pleading complete false implication and demonstrating that the whole prosecution is frivolous, malacious and motivated. It has been brought to the notice of the Court that actually much before lodging of the present complaint in question the complainant and other members of his family had inflicted enormous cruelty and torture on applicant No. 1, Aaisha Bano while she was living with her husband in his house. As the complainant was a rapacious man, the greed of him and his other family members resulted in the additional demands of dowry which the applicant side was completely unable to fulfill. The non-fulfillment of additional demands of dowry resulted into ill-treatment which was of extreme nature. As a result of the same, the applicant No. 1 was impelled to lodge an F.I.R. against her husband and other in-la
























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