Uttarakhand High Court
State vs Jakir Hussain And Another on 6 September, 2012
Author: Servesh Kumar Gupta
Bench: Servesh Kumar Gupta
C482 No.959-12 Hon'ble Servesh Kumar Gupta, J.
Mr. Abhishek Verma, Advocate, for the petitioners. Mr. M.A. Khan, AGA, for the State.
Mr. Amir Malik, Adv. i/b Mr. Deepak Bisht, Advocate, for respondent no.2.
Petitioner no.1 Jakir Hussain (husband) and Smt. Sonam Jahan (wife) are present in person.
Petitioners Jakir Hussain and Asma (mother-in-law) have moved for quashing of chargesheet submitted against them after investigation under Sections 498-A, 452, 323, 504, 506 IPC and 3/4 of Dowry Prohibition Act.
Undoubtedly, Smt. Sonam Jahan is the real victim but her father Mohd. Shafiq has lodged the first information report. As disclosed by her, she is amicably residing at her in-laws' house only for last 1½ month. This short period of only six weeks is not enough to discern that she will not be subjected to any further sufferance at the hands of members of her in-laws house. So, to quash the chargesheet instantly is not justifiable.
The petition is thus, admitted for hearing. Issue notice to respondent no.2, who may file his reply within three months.
List on 5.12.2012.
Meanwhile, further proceedings of criminal case no.1721 of 2012, State Vs. Jakir Hussain and another, under the said offences, pending before the court of Judicial Magistrate, Kashipur, Distt. U.S. Nagar, shall remain stayed.
(Servesh Kumar Gupta, J.) 06.09.2012 Rdang