IMPORTANT POINT
Court must guard against over-implication of distant relations in dowry offences.

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 herein), sister-in-law (nanad) Hifza alias Chinki and mother-in-law (saas) Sammi (2nd Appellant) continuously used to demand a four-wheeler vehicle and Rs. 10,00,000/- in cash as dowry. It is alleged that as the said demands were not met, they used to beat his daughter and threatened to kill her. It is, further, alleged that ten days prior to the date of incident, all the accused persons with a common intention had severely beaten up his daughter and threatened to kill, if the demands of dowry of cash and car were not met. On being compelled, he had also given an amount of Rs. 2,70,000/- cash from his business earning, in spite of the same, accused was adamant in demanding the car. On 24.07.2018 at about 8 p.m., the accused persons with a common intention beat his daughter, killed her by putting a noose around her neck and hanged her. On coming to know of the incident, he went along with his son from Surat and he was shocked to see his daughter in such a state. When the situation has become slightly normal, he has lodged a report to take necessary action and to initiate legal proceedings against the accused. Based on the aforesaid complaint, a case was registered against all the named accused including the appellants herein, who are brother-in-law and mother-in-law of the deceased for the alleged offences under Sections 498-A, 323, 504, 506, 304-B of IPC and Sections 3 and 4 of the D.P. Act.

5. When the appellants have filed quash petition before the High Court, it was disposed of by impugned order directing the appellants to surrender before the Court below and apply for grant of bail and the same was directed to be considered in accordance with law.

6. Pursuant to the complaint, crime was registered and after registration, investigation was taken up and after completing the investigation, final report was filed on 12.10.2018 and the same was taken cognizance by learned Chief Judicial Magistrate by order dated 22.10.2018.

7. We have heard Ms. Vibha Datta Makhija, learned Senior Counsel appearing on behalf of the appellants and Mr. Sahdev Singh, learned counsel for State of Uttar Pradesh and Mohd. Asad Khan, learned counsel for the respondent no. 2/Complainant.

8. Learned senior counsel appearing for the appellants has contended that the 1st Appellant herein, is brother-in-law of the deceased is working as a Cashier in ICICI Bank, Khalilabad. On the date of incident i.e. on 24.07.2018, he was on duty. It is submitted that he resides at Khalilabad in view of his employment in ICICI Bank and his mother-2nd Appellant Shamima Bano alias Sammi is also living with him at Khalilabad since 2017. It is submitted that even as per the case of the prosecution, the incident has taken place at about 8 p.m. at Gorakhpur, which is 40 kms. away from Khalilabad. On the date