Court No. - 83

Case :- APPLICATION U/S 482 No. - 10002 of 2021

Applicant :- Saleem Shahjade @ A.H. Shahjade And 2 Others

Opposite Party :- State of U.P. and Another

Counsel for Applicant :- Pawan Kumar Rao

Counsel for Opposite Party :- G.A.

Hon'ble Rajeev Misra,J.

1. Heard Mr. Pawan Kumar Rao, learned counsel for applicants

and learned A.G.A. for State.

2. Perused the record.

3. This application under Section 482 Cr.P.C. has been filed

challenging charge-sheet dated 07.12.2020 submitted in Case

Crime No.326 of 2019, under Sections- 498A, 323, 504, 506,

354, 120B I.P.C., Sections- 3/4 D.P. Act and Section- 7A of

Muslim Women (Protection of Rights on Marriage) Act, 2019,

Police Station- Babupurwa, District- Kanpur Nagar,

Cognizance Taking Order/Summoning Order dated 06.02.2021

passed by Additional Chief Metropolitan Magistrate-II, Kanpur

Nagar upon aforesaid charge-sheet, as well as entire

proceedings of consequential Criminal Case No.22191 of 2021,

(State Vs. Noorjade and others), under Sections- 498A, 323,

504, 506, 354, 120B I.P.C., Sections- 3/4 D.P. Act and Section-

7A of Muslim Women (Protection of Rights on Marriage) Act,

2019 arising out of above-mentioned case crime number, now

pending in the court of Additional Chief Metropolitan

Magistrate-II, Kanpur Nagar.

4. Record shows that marriage of Noorjade @ Ishan son of

applicant-1/Saleem Shahjade @ A.H. Shahjade was solemnized

with first informant/opposite party-2, Heena Parveen Ansari on

05.07.2019 according to Muslim Rites and Custom.

Subsequently, relationship between Noorjade @ Ishan son of

applicant-1 and first informant/opposite party-2, Heena Parveen

Ansari became strained on account of marital discord.

5. Subsequently, first informant/opposite party-2, Heena

Parveen Ansari in respect of incidents which are alleged to have

occurred from 05.07.2019 to 27.10.2019, lodged an F.I.R. dated

04.11.2019 which was registered as Case Crime No.0326 of

2019, under Sections- 498A, 323, 504, 506, 354, 120B I.P.C.,

Sections- 3/4 of Dowry Prohibition Act and Section- 7A of

Muslim Women (Protection of Rights on Marriage) Act, 2019,

Police Station- Babupurwa, District- Kanpur Nagar. In the

aforesaid F.I.R., four persons, namely, Noorjade @ Ishan

(husband), Saleem Shahjade (father-in-law), Smt. Rana Hashmi

(mother-in-law) and Faizan @ Faisal (devar) have been

nominated as named accused.

6. As per prosecution story as unfolded in F.I.R., it is alleged

that marriage of first informant/opposite party-2, Heena

Parveen Ansari was solemnized with Noorjade @ Ishan, son of

applciant-1/Saleem Shahjade @ A.H. Shahjade in accordance

with Muslim Rites and Custom. After marriage, first

informant/opposite party-2 came to her marital home. One day

Faizan (devar) of first informant/opposite party-2 committed

obscene acts and when first informant/opposite party-2 raised

her objection regarding same and made complaint with her

other in-laws, a demand of dowry to the tune of Rs.5,00,000/-

was raised. It is also alleged that first informant/opposite party-

2 was beaten by her husband, Noorjade @ Ishan son of

applicant-1. Husband of first informant/opposite party-2 is

alleged to have misbehaved with her on account of instigation

by other in-laws. Various other allegations have also been made

in the F.I.R.

7. After registration of above-mentioned F.I.R., Investigating

Officer proceeded with statutory investigation of above-

mentioned case crime number in terms of Chapter XII Cr.P.C.

During course of investigation, Investigating Officer recorded

statements of first informant/opposite party-2 and other

witnesses under Section 161 Cr.P.C. On basis of above and

other material collected during course of investigation,

Investigating Officer opined to submit a charge-sheet.

Accordingly, Investigating Officer submitted charge-sheet dated

07.12.2020, whereby all named accused have been charge-

sheeted. A