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2025 DIGILAW 297 (SC)

Ali Nadeem Mirza v. State Of Uttar Pradesh

2025-01-17

ABHAY S.OKA, UJJAL BHUYAN

body2025
ORDER 1. Service of notice to fourth respondent is complete. As per the report submitted by the Ministry of Home Affairs, Government of India dated 25th September, 2024, the fourth respondent who is the resident of USA has not chosen to appear. 2. Leave granted. 3. The first appellant is the husband and fourth respondent is the wife. The second appellant is the brother of the first appellant. It is brought on record that the first appellant is a citizen of Germany and the fourth respondent is residing in Bosten, USA. Nikah was performed on 4th October, 2015. There is material on record to show that the first appellant and fourth respondent were living separately since 12th January, 2016. It is claimed in the appeal that at the instance of the parents of the fourth respondent, a priest was approached who had agreed to act as a Mediator and that the first appellant handed over all the jewellery to the forth respondent’s mother. 4. On 28th December, 2016, the fourth respondent came back to India and registered First Information Report (FIR) alleging commission of offences punishable under Sections 498A, 323, 506 and 406 of the Indian Penal Code, 1860 and Sections 3 & 4 of the Dowry Prohibition Act, 1961. 5. One of the contentions raised is that the Court at Lucknow has no jurisdiction. After having perused the FIR, we find that filing of the FIR by the fourth respondent who is continuously staying in USA is nothing but an abuse of process of law. 6. There is an application filed for taking on record the deed of settlement between the first appellant and the fourth respondent. However, we are not taking cognizance of the settlement as the fourth respondent has not appeared to confirm the settlement. In any case, the prosecution of the appellants on the basis of impugned FIR cannot continue and accordingly, by setting aside the impugned judgment, we quash FIR No.0180 dated 28th December, 2016 registered with Mahila Police Station, Lucknow and charge-sheet and other proceedings filed on the basis of FIR. 7. The appeal is accordingly allowed. 8. Pending applications stand disposed of.