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IN THE HIGH COURT OF JUDICATURE AT BOMBAY, NAGPUR BENCH, NAGPUR
AVINASH G. GHAROTE, ABHAY J. MANTRI, JJ
Zafar Iqbal S/o. Mohd. Ismail – Appellant
Versus
State of Maharashtra, through Police Station Officer, Sadar, Nagpur – Respondent
JUDGMENT :
(Per : ABHAY J. MANTRI, J.)
Heard. Admit. Heard finally with the consent of the learned Counsel for the parties.
2. The applicants question the legality and validity of the First Information Report (for short, “FIR”) dated 03-10-2020 bearing Crime No.449/2020 registered with Sadar Police Station, Nagpur for the offence punishable under Sections 498-A , 354 , 504 and 506 read with Section 34 of the Indian Penal Code (for short, “ IPC ”) and consequent filing of Regular Criminal Case No.2722/2021 pending on the file of 15th Judicial Magistrate First Class, Nagpur.
3. FACTUAL MATRIX :
(a) Applicant No.1 is the elder brother-in-law of the complainant/non-applicant No.2, and applicant No.2 is the wife of applicant No.1. The marriage of non-applicant No.2 and accused No.1- Mujahid Iqbal was solemnized on 10-11-1999 as per rites and rituals in their community. Accused No.1-Mujahid Iqbal went to Saudi Arabia for employment. In the year 2004, he had been to the Dubai for employment. At that time, non-applicant No.2 resided with him in Dubai with his children. In 2017, non-applicant No.2 came to Nagpur.
(b) Thereafter, on 03-10-2020, non-applicant No.2-informant lodged a report against
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The court emphasized preventing misuse of criminal law in matrimonial disputes, ruling that vague allegations against family members warrant quashing of proceedings. Specific wrongdoing must be demon....
Vague and general allegations in matrimonial disputes do not warrant prosecution under IPC and Dowry Prohibition Act, as they may constitute malicious prosecution.
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