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2022 Supreme(All) 1029

MOHD. ASLAM
Shani @ Sani Kumar – Appellant
Versus
State of U. P. – Respondent


Advocates Appeared:
For the Applicant : Jai Prakash Prasad.
For the Opposite Party : G.A., Rajiv Tiwari, S.P.S. Chauhan, Sukhendra Singh.

JUDGMENT :

1. Heard Sri Jai Prakash Prasad, learned counsel for applicants, Sri Sukhendra Singh, learner counsel for opposite party no.2 as well as Sri S.N. Mishra, learned A.G.A. appearing on behalf of State of U.P. and and perused the record.

2. The instant application under Section 482 Cr.P.C. has been moved seeking quashing of entire criminal proceedings of Case No.1044 of 2018 (State vs. Shani and Others), arising out of Case Crime No. 02 of 2018, under Sections 498-A, 323, 504, 506 I.P.C and Section 3/4 of Dowry Prohibition Act, Police Station-Mahila Thana, District-Aligarh as well as charge-sheet no. 22 of 2018 dated 18.06.2018 and cognizance order dated 04.08.2018, pending in the court of learned Additional Chief Judicial Magistrate, Court No.8, Aligarh.

3. Brief facts necessary for disposal of this application are that opposite party no.2, Preeti daughter of Ranveer Singh lodged the first information report against the applicants on 09.01.2018 at 13:13 hrs. on the basis of written complaint alleging therein that her marriage with applicant, Shani took place on 05.02.2017 according to Hindu rites and rituals. In the marriage, her father had spent about a sum of Rs.11 lakhs.

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