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2023 Supreme(All) 1399

SHREE PRAKASH SINGH
Mohammad Ayub Rizvi – Appellant
Versus
Salma Khan – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Jageshwari Prasad Mathur
For the Respondent: Manish Singh Chauhan, Sayyed Farooq Ahmad

JUDGMENT :

1. Heard Sri Jageshwari Prasad Mathur, learned counsel for the applicants, Sri Sayyed Farooq Ahmad, learned counsel for the opposite party no.2, Sri Aniruddh Kumar Singh, learned A.G.A.-I and Sri Sanjay Kumar Yadav, learned A.G.A. for the State and perused the material placed on record.

2. Instant application has been filed with the prayer to stay the entire proceedings in Complaint Case No.942/18 (Smt. Salma Khan Vs. Mohammad Aizaz), under Section 498-A, 323 I.P.C. and Section 4 D.P. Act by the court of Civil Judge (Junior Division) FTC/Judicial Magistrate, Unnao alongwith the summoning order dated 13.9.2018.

3. Factual matrix of the case is that on 11.3.2012, the opposite party no.1 got married with Aayaz @ Babu son of applicant no.1 at Lucknow, and as Aayaz was working at Saudi Arabia, therefore, the opposite party no.1 is willing to live with him at Saudi Arabia. When Aayaz, while leaving the opposite party no.1 in India, went to Saudi Arabia on 20.4.2015 then she started creating trouble in the entire family and went to live separately at Balaganj and then to her parents' home at Unnao. Thereafter, a complaint was filed on 31.1.2018. Further an F.I.R. was also lodged o

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