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2018 Supreme(MP) 1002

J.P.GUPTA
TOUSIF KHAN s/o TANVEER AIJAZ KHAN – Appellant
Versus
STATE OF M. P. – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Imtiaz Hussain
For the Respondent: Ramesh Kushwaha

JUDGMENT :

1. Shri Imtiaz Hussain, Advocate for the applicants. Shri Ramesh Kushwaha, Panel Lawyer for the respondent/State. None for the respondent No. 2 though served. With the consent of parties, matter is finally heard. This petition under section 482 of the Criminal Procedure Code has been filed seeking quashment of Criminal Case No. 89/2013 pending before J.M.F.C. Balaghat.

2. Facts giving rise to this petition, briefly stated, are that the marriage of applicant Tousif Khan was solemnized with respondent No. 2 Ruhina Khan (now no more) on 28-1-2012 and respondents No. 2 to 8 are close relatives of applicant No. 1 Tousif Khan. Deceased Ruhina Khan lodged an FIR against the applicants on 17-10-2012 at Police Station Kirnapur, District Balaghat, which was registered vide Crime No. 145/2012 for offences punishable under sections 498-A read with section 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act alleging inter alia that only after three days of marriage, i.e. on 1-2-2012 all the applicants abused her in connection with demand of dowry and beaten her and her husband applicant No. 1 snatched away his mobile in order to prevent her talking with her parents

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