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2022 Supreme(All) 1691

MOHD. FAIZ ALAM KHAN
Ravi Kumar Bharti @ Raju – Appellant
Versus
State Of U. P. Thru. Addl. Chief Secy. Home – Respondent


Advocates Appeared:
For the Applicant : Rakesh Kumar Agarwal, Saksham Agarwal.

JUDGMENT :

(Mohd. Faiz Alam Khan, J.)

1. Heard Shri Saksham Agarwal, learned counsel for the applicants as well as learned AGA for the State and perused the record.

2. The instant application under Section 482 Cr.P.C. has been moved by the applicants-Ravi Kumar Bharti @ Raju, Mukesh Kumar @ Mukesh and Munna Lal with the prayer to quash the charge sheet dated 25.04.2022 filed in FIR No. 340, P.S. Kotwali Sadar, District Kheri under Sections 498-A, 506 IPC and 3/4 Dowry Prohibition Act 1961 against the applicants and also the entire proceedings including the summoning order dated 25.07.2022 passed by learned Chief Judicial Magistrate Kheri in Case No. 8716 of 2022 Case Crime No. 340 of 2022 State Vs. Ravi Kumar Bharti @ Raju and others.

3. Learned counsel for the applicants while drawing attention of this Court towards the First Information Report as well as the statements of the prosecution witnesses recorded under Section 161 Cr.P.C., submits that even if the case of the prosecution is believed as it is the same shall not attract the Section 498-A IPC as admittedly the marriage has not been solemnized due to the lack of 'Saptpadi'.

4. It is further submitted that the instant case is

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