1 cr-apln-3440-09 jdk IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI.APPLN. NO. 3440 OF 2009 IN CRIME REGISTER NO. I-134 OF 2009 Mr. Suhail Ahmed S/o Late Kalam Mohd. Khan and Ors. ..Applicants Vs. The State of Maharashtra & Anr. ..Respondents .... Mr. Niyaz Ahmed Adv. for applicants Smt. U.V.Kejariwal APP for State .... CORAM : SMT.V.K.TAHILRAMANI, J. DATE : OCTOBER 04, 2010 P.C.: 1 Heard the learned advocate for the applicants-original accused and the learned APP for the State. 2 The applicants are seeking quashing of CR No. I-134 of 2009 of Mumbra Police Station. The said case is under Section 498-A IPC and Sections 3 and 4 of the Dowry Prohibition Act. 3 The applicant no.2 is mother of applicant no.1, applicant no.3 is brother of applicant no.1, applicant no.4 is the sister of applicant no.1. Respondent no.2 was married to applicant no.1. It is her case that after 2 cr-apln-3440-09 her marriage, the applicants, mentally and physically harassed her and they made demand of dowry. Earlier, this complaint was filed by respondent no.2 in Gazipur police station in Lucknow (U.P.) and it was registered as CR No. 0 of 2008. Thereafter, it came to be transferred to Mumbra Police Station. When the matter was pending at Gazipur, applicant no.1 had preferred a Writ Petition No. 11326 (M/B) of 2008 before the High Court of Judicature for Uttar Pradesh (Lucknow Bench) for quashing the said C.R. By order dated 17.12.2008 the Division Bench of the said High Court observed that FIR discloses commission of a cognizable offence, therefore, no interference is warranted under Article 226 of the Constitution of India. I have perused the FIR. On perusal of the FIR, it is seen that demand for dowry was made and the complainant was mentally and physically harassed by the accused persons. Not only the case is made out against the applicant no.1 but even as far as other applicants are concerned, case is made out against them under Section 498-A of IPC and under Sections 3 and 4 of the Dowry Prohibition Act. Hence, the application is rejected. [ SMT. V.K.TAHILRAMANI, J.]