MIRZA IQBAL @ GOLU & ANR.versusSTATE OF UTTAR PRADESH & ANR.

                          [2021] 9 S.C.R. 469                            469


                MIRZA IQBAL @ GOLU & ANR.                                A
                                  v.
              STATE OF UTTAR PRADESH & ANR.
                 (Criminal Appeal No. 1628 of 2021)
                       DECEMBER 14, 2021                                 B
    [R. SUBHASH REDDY AND HRISHIKESH ROY, JJ.]
       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
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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         D
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
                                                                         E
Prohibition Act, 1961 – ss.3 & 4 – Abuse of Court.
      Allowing the appeal, the Court
       HELD : 1.1. The appellants are brother-in-law and mother-
in-law respectively of the deceased. A perusal of the complaint
filed by the 2nd respondent (father of the deceased), pursuant to        F
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        G
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

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                                 469
470            SUPREME COURT REPORTS                          [2021] 9 S.C.R.


A     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
B           and Anr., (2012) 10 SCC 741 : [2012] 9 SCR 641 –
            relied on.
                              Case Law Reference
      [2012] 9 SCR 641                  relied on                 Para 11

C          CRIMINAL APPELLATE JURISDICTION : Criminal Appeal
      No.1628 of 2021.
             From the Judgment and Order dated 10.12.2018 of the High Court
      of Judicature at Allahabad in Crl. Misc. Application u/s 482 No.44475 of
      2018.
D           Ms. Vibha Datta Makhija, Sr. Adv., Fuzail Ahmad Ayyubi, Praveen
      Gaur, Karan Mamgain, Ms. Shaiya Khanna, Ibad Mushtaq, Ms. Akanksha
      Rai, Advs. for the Appellants.
           Sahdev Singh, Ms. Alka Sinha, Anuvrat Sharma, Mohd. Asad
      Khan, Shashank Singh, Dr. Anil Kumar Gupta, Anupam Choudhary,
E     Danish Zubair Khan, Advs. for the Respondents.
            The Judgment of the Court was delivered by
            R. SUBHASH REDDY, J.
            1. Leave granted.
F           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
G     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 Dowry Prohibition Act, 1961 (D.P. Act) in Case Crime No.0136
      of 2018 registered on the file of PS-Kotwali, District Gorakhpur.
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     MIRZA IQBAL @ GOLU & ANR. v. STATE OF UTTAR                              471
        PRADESH & ANR. [R. SUBHASH REDDY, J.]

         4. The 2nd respondent – complainant Shri Nisar Ullah father of       A
the deceased, Rushda Nisar has lodged a complaint on 25.07.2018 at
09:31 p.m. at PS-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
                                                                              B
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    C
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
                                                                              D
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     E
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 & 4
of the D.P. Act.
                                                                              F
      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           G
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.

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472             SUPREME COURT REPORTS                            [2021] 9 S.C.R.


A           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
B     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,
C     the incident has taken place at about 8 p.m. at Gorakhpur, which is 40
      kms away from Khalilabad. On the date of incident, he was on duty at
      ICICI Bank and entered the branch at 09:49 a.m. and came out at 06:25
      p.m. In spite of the same, on vague and bald allegations, appellants are
      sought to be prosecuted, without any specific allegations either in
D     complaint or in the chargesheet. It is submitted that during the pendency
      of investigation, the appellant has filed affidavit before the Senior
      Superintendent of Police, District Gorakhpur, stating that he was in the
      Bank on the date of incident and requested to investigate by looking into
      the call details of his mobile number and also CCTV footage of the
      bank. It is submitted that his sister-in-law i.e. the deceased was under
E     mental depression and was undergoing treatment for the same. It is
      submitted that in spite of such an affidavit filed by the appellants without
      any investigation, in a casual and routine manner, final report was filed
      with vague and omnibus allegation against the appellants. It is submitted
      that in absence of any specific allegations against the appellants disclosing
F     their active involvement, the learned Chief Judicial Magistrate has taken
      cognizance in a routine and mechanical manner. It is submitted that as
      there is no material or any specific allegations against the appellants/
      accused and if they are allowed to face the trial, it is nothing but abuse
      of the process of law. Learned counsel has submitted that it is evidently
      a fit case to quash the proceedings, by allowing the appeal.
G
             9. On the other hand, learned counsel appearing for 1st respondent-
      State and 2nd respondent-Complainant, have submitted that in view of
      specific mention of the names in the complaint as well as in the
      chargesheet, it is not a case to quash the proceedings at this stage. It is
      submitted that the appellants have to prove their innocence in the trial. It
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     MIRZA IQBAL @ GOLU & ANR. v. STATE OF UTTAR                                 473
        PRADESH & ANR. [R. SUBHASH REDDY, J.]

is submitted that all the accused were demanding dowry of Rs.10,00,000/          A
- and a car from the deceased and on 24.07.2018 with a common
intention, all of them caused injuries to the deceased and ultimately killed
her. It is submitted that as the postmortem report clearly reveals cause
of death as asphyxia, there are no grounds to quash the proceedings.
Further, it is submitted that the quash petition filed by the sister-in-law of
                                                                                 B
the deceased was dismissed by this Court vide order dated 15.04.2019.
      10. Having heard the learned counsels on both the sides, We have
carefully perused impugned order, other material placed on record and
counter affidavits filed on behalf of 1st Respondent–State as well as on
behalf of 2nd Respondent–complainant.
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       11. The appellants are brother-in-law and mother-in-law
respectively of the deceased. A perusal of the complaint filed by the 2nd
respondent, pursuant to which a crime was registered, does not indicate
any specific allegations by disclosing the involvement of the appellants.
It is the specific case of the 1st appellant that he was working as a
cashier in ICICI Bank at Khalilabad branch, which is at about 40 kms             D
from Gorakhpur. The alleged incident was on 24.07.2018 at about 8
p.m. When the investigation was pending, the 1st appellant has filed
affidavit before Senior Superintendent of Police on 08.08.2018, giving
his employment details and stated that he was falsely implicated. It was
his specific case that during the relevant time, he was working at ICICI         E
Bank, Khalilabad branch, Gorakhpur and his mother was also staying
with him. The Branch Manager has endorsed his presence in the branch,
showing in-time at 09:49 a.m. and out-time at 06:25 p.m. Even in the
statement of 2nd 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      F
their involvement for the offences alleged. This Court, time and again,
has noticed making the family members of husband as accused by making
casual reference to them in matrimonial disputes. Learned senior counsel
for the appellants, in support of her case, placed reliance on the judgment
of this Court in the case of Geeta Mehrotra and Anr. v. State of Uttar           G
Pradesh and Anr. 1. In the aforesaid case, this Court in identical
circumstances, has quashed the proceedings by observing that family
members of husband were shown as accused by making casual reference
to them. In the very same judgment, it is held that a large number of
1 (2012) 10 SCC 741                                                              H
474            SUPREME COURT REPORTS                           [2021] 9 S.C.R.


A     family members are shown in the FIR by casually mentioning their names
      and the contents do not disclose their active involvement, as such, taking
      cognizance of the matter against them was not justified. It is further held
      that taking cognizance in such type of cases results in abuse of judicial
      process. Paras 18 and 25 of the said judgment, which are relevant for
      the purpose of this case, read as under:
B
            “18. Their Lordships of the Supreme Court in Ramesh case
            [(2005)3 SCC 507 : 2005 SCC (Cri) 735] had been pleased to
            hold that the bald allegations made against the sister-in-law by the
            complainant appeared to suggest the anxiety of the informant to
            rope in as many of the husband’s relatives as possible. It was held
C           that neither the FIR nor the charge-sheet furnished the legal basis
            for the Magistrate to take cognizance of the offences alleged
            against the appellants. The learned Judges were pleased to hold
            that looking to the allegations in the FIR and the contents of the
            charge-sheet, none of the alleged offences under Sections 498-
D           A, 406 IPC and Section 4 of the Dowry Prohibition Act were
            made against the married sister of the complainant’s husband who
            was undisputedly not living with the family of the complainant’s
            husband. Their Lordships of the Supreme Court were pleased to
            hold that the High Court ought not to have relegated the sister-in-
            law to the ordeal of trial. Accordingly, the proceedings against the
E           appellants were quashed and the appeal was allowed.
            25. However, we deem it appropriate to add by way of caution
            that we may not be misunderstood so as to infer that even if there
            are allegations of overt act indicating the complicity of the members
            of the family named in the FIR in a given case, cognizance would
F           be unjustified but what we wish to emphasise by highlighting is
            that, if the FIR as it stands does not disclose specific allegation
            against the accused more so against the co-accused specially in a
            matter arising out of matrimonial bickering, it would be clear abuse
            of the legal and judicial process to mechanically send the named
G           accused in the FIR to undergo the trial unless of course the FIR
            discloses specific allegations which would persuade the court to
            take cognizance of the offence alleged against the relatives of the
            main accused who are prima facie not found to have indulged in
            physical and mental torture of the complainant wife. It is the well-
            settled principle laid down in cases too numerous to mention, that
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      MIRZA IQBAL @ GOLU & ANR. v. STATE OF UTTAR                                475
         PRADESH & ANR. [R. SUBHASH REDDY, J.]

       if the FIR did not disclose the commission of an offence, the court       A
       would be justified in quashing the proceedings preventing the abuse
       of process of law. Simultaneously, the courts are expected to adopt
       a cautious approach in matters of quashing, especially in cases of
       matrimonial disputes whether the FIR in fact discloses commission
       of an offence by the relatives of the principal accused or the FIR
                                                                                 B
       prima facie discloses a case of overimplication by involving the
       entire family of the accused at the instance of the complainant,
       who is out to settle her scores arising out of the teething problem
       or skirmish of domestic bickering while settling down in her new
       matrimonial surrounding.”
      12. From a perusal of the complaint filed by the 2nd respondent            C
and the final report filed by the police under Section 173(2) of Cr.P.C.,
We are of the view that the aforesaid judgment fully supports the case
of the appellants. Even in the counter affidavits filed on behalf of
respondent nos.1 and 2, it is not disputed that the 1st appellant was working
in ICICI Bank at Khalilabad branch, but merely stated that there was a           D
possibility to reach Gorakhpur by 8 p.m. Though there is an allegation of
causing injuries, there are no other external injuries noticed in the
postmortem certificate, except the single ante-mortem injury i.e. ligature
mark around the neck, and the cause of death is shown as asphyxia.
Having regard to the case of the appellants and the material placed on
record, we are of the considered view that except vague and bald                 E
allegations against the appellants, there are no specific allegations
disclosing the involvement of the appellants to prosecute them for the
offences alleged. In view of the judgment of this Court in the case of
Geeta Mehrotra and Anr.1, which squarely applies to the case of the
appellants, we are of the view that it is a fit case to quash the proceedings.   F
      13. For the aforesaid reasons, this appeal is allowed and the
impugned order dated 10.12.2018 passed in Application No.44475 of
2018 by the High Court, is set aside. Consequently, the chargesheet
no.01 dated 12.10.2018 filed in FIR No.136 of 2018 on the file of PS-
Kotwali, District Gorakhpur for the offences under Sections 498-A, 323,          G
504, 506, 304-B of IPC and Sections 3 & 4 of the D.P. Act and the
consequential order dated 22.10.2018, passed by the Chief Judicial
Magistrate, Gorakhpur, is hereby quashed.

Bibhuti Bhushan Bose                                           Appeal allowed.
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