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Criminal · Reportable judgment

Mirza Iqbal @ Golu & Anr. vs State of Uttar Pradesh & Anr.

Court
Supreme Court of India
Date
14 December 2021
Case No.
Criminal Appeal No. 1628 of 2021
Result
Allowed
Bench
R. Subhash Reddy, Hrishikesh Roy
Citation
[2021] 9 S.C.R. 469 : 2021 INSC 890
Supreme Court Reports [2021] 9 S.C.R. 469 : 2021 INSC 890
Headnote

Code of Criminal Procedure, 1973 – s.482 – Death of married woman – Matrimonial disputes – Bald allegations against family members of husband – Complaint filed by 2nd respondent, father of the deceased married woman, alleging that husband and in-laws of the deceased, with a common intention beat her, killed her by putting a noose around her neck and hanged her – Case registered against all the named accused including first appellant (brother-in-law of the deceased) and second appellant (mother-in-law of the deceased) for alleged offences u/ss.498-A, 323, 504, 506, 304-B of IPC and ss.3 & 4 of the Dowry Prohibition Act, 1961 – Held: Except vague and bald allegations against the appellants, there were no specific allegations disclosing the involvement of the appellants to prosecute them for the offences alleged – Fit case to quash proceedings against the appellants – IPC – ss.498-A, 323, 504, 506 and 304-B – Dowry Prohibition Act, 1961 – ss.3 & 4 – Abuse of Court.

Allowing the appeal, the Court

HELD : 1.1. The appellants are brother-in-law and motherin-law respectively of the deceased. A perusal of the complaint filed by the 2nd respondent (father of the deceased), pursuant to which a crime was registered, does not indicate any specific allegations by disclosing the involvement of the appellants. Even in the statement of 2 nd respondent recorded by the police and also in the final report filed under Section 173(2) of Cr.P.C., except omnibus and vague allegations, there is no specific allegation against the appellants to show their involvement for the offences alleged. [Para 11][473-C-D, E-G]

1.2. Having regard to the case of the appellants and the material placed on record, this Court is of the considered view that except vague and bald allegations against the appellants, there are no specific allegations disclosing the involvement of the appellants to prosecute them for the offences alleged. It is a fit case to quash the proceedings. [Para 12][475-E-F] Geeta Mehrotra and Anr. v. State of Uttar Pradesh and Anr., (2012) 10 SCC 741 : [2012] 9 SCR 641 – relied on.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by 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 Chargesheet 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 & 4 of the Dowr
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