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2017 Supreme(All) 542

SURYA PRAKASH KESARWANI
AAQIL JAMIL – Appellant
Versus
STATE OF U. P. – Respondent


Advocates:
Counsel :
Rishikesh Tripathi for the Applicants; G.A. for the Opposite Parties.

JUDGMENT

Hon’ble Surya Prakash Kesarwani, J.—

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The present application under Section 482 Cr.P.C. has been filed by the applicants with the prayer to quash the entire proceeding of Criminal Complaint Case No. 2393 of 2016 (Smt. Sumaila v. Aaqil Jamil and others), under Sections 498-A, 323, 504, 506 IPC and Section 3/4 Dowry Prohibition Act, pending in the Court of Additional Chief Judicial Magistrate, Court No. 10, Agra. Further prayer has been made to stay the further proceedings of aforesaid criminal complaint case.

2. Vakalatnama filed by Sri Ashish Goyal, Advocate on behalf of opposite party No. 2 is taken on record.

3. Heard Sri Rishikesh Tripathi, learned counsel for the applicants, Sri Ashish Goyal, learned counsel for opposite party No. 2 and the learned AGA appearing for the State.

Submissions:

4. Learned counsel for the applicants submits that the applicant No. 1 is the husband, who has divorced the opposite party No. 2 on 8.11.2015 and also obtained a ‘Fatwa’ from “Darool Ifta Jama Masjid, Agra” on 10.11.2015, whereby the Mufti City, Agra has affirmed the Talaqnama and pronounced that the opposite















































































































































































































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