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2021 Supreme(SC) 795

Mirza Iqbal @ Golu – Appellant
Versus
State of Uttar Pradesh – Respondent


Advocates appeared:
For the Petitioner(s):Vibha Datta Makhija, Fuzail Ahmad Ayyubi, Praveen Gaur, Karan Mamgain, Shaiya Khanna, Ibad Mushtaq, Akanksha Rai, Fuzail Ahmad Ayyubi, Advocates
For the Respondent(s):Anuvrat Sharma, Mohd. Asad Khan. Shashank Singh, Anil Kumar Gupta, Anupam Choudhary, Danish Zubair Khan, Advocates

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

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