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Mirza Iqbal @ Golu – Appellant
Versus
State of Uttar Pradesh – Respondent
JUDGMENT :
R. SUBHASH REDDY, J.
1. Leave granted.
2. This Criminal Appeal is filed aggrieved by the order dated 10.12.2018 passed by the High Court of Judicature at Allahabad in Application No. 44475 of 2018.
3. The aforesaid application was filed before the High Court under Section 482 of Cr.P.C. for quashing the Charge-Sheet No. 01 of 2018 dated 12.10.2018 and order of Chief Judicial Magistrate, taking cognizance of the case vide order dated 22.10.2018 for the offences punishable under Sections 498-A, 323, 504, 506, 304-B of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 (D.P. Act) in Case Crime No. 0136 of 2018 registered on the file of P.S. Kotwali, District Gorakhpur.
4. The 2nd respondent-complainant Shri Nisar Ullah father of the deceased, Rushda Nisar has lodged a complaint on 25.07.2018 at 09:31 p.m. at P.S. Kotwali, District Gorakhpur to the effect that his younger daughter namely Rushda Nisar was married to Mirza Ismail Beg alias Amir S/o Zaki Ullah R/o Mohalla-Muftipur of Gorakhpur District on 25.12.2015. After the solemnization of marriage, the accused persons Mirza Ismail Beg alias Amir (husband), brother-in-law (devar) Mirza Iqbal alias Golu (1st Appellant he
Court must guard against over-implication of distant relations in dowry offences.
Vague and general allegations against distant relatives in dowry cases are insufficient for prosecution; specific evidence is required to implicate them.
The need for specific allegations and caution against implicating distant relatives without specific material.
General allegations against in-laws in matrimonial disputes require specific accusations to avoid quashing of FIR under Section 482, Cr.P.C.
General and omnibus allegations in dowry cases do not constitute a prima facie offense, necessitating specificity for the prosecution of in-laws.
General and omnibus allegations in dowry cases against relatives do not warrant prosecution; specific allegations are necessary to avoid misuse of legal provisions.
The court emphasized the need for evidence to be included in the case diary and highlighted the limitations of the Family Court's findings in the criminal proceedings.
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