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2011 Supreme(UK) 522

U.C.DHYANI
AFSAR ALI – Appellant
Versus
STATE OF UTTARANCHAL – Respondent


Advocates:
For the Petitioners:Mr. S.K. Mandal, Advocate
For the State : Mr. Prabhakar Joshi, Brief Holder
For the O.P. No. 2 :Mr. Vinod Sharma, Advocate

JUDGMENT

1. This petition under Section 482 Cr. P. C. has been filed with the prayer to quash the summoning order dated 22-08-2005 passed by Additional Judicial Magistrate, Rudrapur in criminal case no. 387 of 2005 Mohd. Hanif vs. Afsar Ali & others, under Sections 147, 148, 149,452,324,504 & 506IPC, PS. Gadarpur, district Udham Singh Nagar.

2. Brief facts giving rise to this case are that the daughter of the applicant no. 1 was married to son of opposite party no. 2 in the month of December, 2004. Respondent no. 2 was not satisfied with the articles given at the time of marriage and he demanded dowry from the applicant no. 1. Due to non-fulfillment of demand of dowry the opposite party no. 2 assaulted the daughter of applicant no. 1 and turned her out from her matrimonial house on 22.12.2004. Thereafter, panchayat was called but the respondent no. 2 and his family members never agreed to keep and maintain the daughter of applicant no. 1. On 31.01.2005 the daughter of the applicant no. 1 filed a complaint case no. 400 of 2005 Smt. Firdos vs. Mohd Ali before the Chief Judicial Magistrate, Rampur. On 22.03.2005 after recording the statement of the complainant and the witnesses the












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