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2020 Supreme(UK) 215

N.S.DHANIK
Parvez – Appellant
Versus
State Of Uttarakhand – Respondent


Advocates Appeared:
T.A. Khan, Advocate, Ravishanker Kandpal, Advocate, Pramod Tewari, Advocate, P.K. Sharma, Advocate

JUDGMENT

N.S. Dhanik, J. - This Criminal Miscellaneous Application, under Section 482 CrPC, is preferred to quash the chargesheet and the order of cognizance dated 6.5.2019, passed by Additional Chief Judicial Magistrate, Roorkee, District Haridwar in Criminal Case No. 2282 of 2019, whereby accused applicant no. 1 has been summoned to face trial for the offence under Sections 307, 323, 324, 498A IPC read with Section 3/4 of the Dowry Prohibition Act, while accused applicants no. 2 and 3 have been summoned to face trial for the offences under Sections 498A IPC read with Section 3/4 of the Dowry Prohibition Act.

2. Facts, in brief, are that the marriage of complainant/respondent no. 3 Smt. Nasreen was solemnized on 30.3.2018 with applicant no. 1 Parvej as per Muslim customs and ceremonies. On 25.1.2019, respondent no. 3 lodged an FIR against her husband, father-in-law and mother-in-law (applicants 1, 2 and 3 respectively) alleging that though her parents gave huge amount of dowry in the marriage, but accused applicants were not satisfied with the same and they demanded more dowry. When the complainant resisted, accused applicants harassed and threatened the her and ultimately ousted h

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