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Patna High Court

Reena Devi @ Runa Devi @ Runa KumariversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The cognizance order against the petitioner is quashed as the allegations are vague, unsupported by concrete evidence, and amount to an abuse of process.

Summary

Reena Devi, a widow and sister‑in‑law of the complainant, filed an application to quash the cognizance order dated 04‑09‑2024 that had taken her into account under Sections 323 and 498A of the IPC. The complaint alleged dowry demands, assault and an attempt to kill, but the petitioner argued that she had no involvement in the matrimonial dispute and that the allegations were vague and based on suspicion. The Court observed that the petitioner was merely a Jethani and that the FIR contained generalized accusations without specific evidence of her participation. Relying on Supreme Court pronouncements cautioning against the misuse of Section 498A in matrimonial conflicts, the Court held that the allegations against the petitioner amounted to an abuse of process. Consequently, the order of the Judicial Magistrate taking cognizance against the petitioner was quashed.

Issues considered

  • Whether the cognizance order against the petitioner under Sections 323 and 498A is maintainable in view of vague and unspecific allegations.
  • Whether the inclusion of the petitioner in the complaint constitutes an abuse of the legal process in a matrimonial dispute.

Legislation cited

Subjects

  • dowry harassment
  • matrimonial dispute
  • abuse of process
  • Section 498A
  • Section 323
  • quash of cognizance
  • family members

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.13568 of 2025
                 Arising Out of PS. Case No.-1090 Year-2021 Thana- MUZFFARPUR COMPLAINT CASE
                                                  District- Muzaffarpur
                 ======================================================
                 Reena Devi @ Runa Devi @ Runa Kumari wife of Late Rajeev Kumar
                 village- Mahnar, Ps- Mahnar, Dist- Vaishali
                                                                 ... ... Petitioner/s
                                                    Versus
           1.     The State of Bihar
           2.     Versa Rani Wife of Mukesh Kumar village- Rambag Chouri, Ps-
                  Mithanpura, dist- Muzaffarpur
                                                            ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Nafisu Zzoha, Advocate
                                                Ms. Shabina Talat, Advocate
                 For the State           :      Mr. Jitendra Kumar Singh, APP
                 For the O.P. No. 2      :      Mr. Sanjay Kr. @ S.K., Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
                                       ORAL ORDER

5   12-02-2026                   Heard the learned counsel for the petitioner, learned

                   counsel for O.P. No. 2 and the learned APP for the State.

                                 2. This application has been filed setting aside/quashing

                   the cognizance order dated 04.09.2024 passed in Complaint Case

                   No. 1090 of 2021 dated 07.06.2021 by the learned Judicial

                   Magistrate 1st Class, Muzaffarpur (East), whereby the learned

                   Magistrate took cognizance under Sections 323 and 498(A) of the

                   Indian Penal Code.

                                 3. The fact giving rise to the present application is to

                   the effect that the petitioner lodged a complaint is that

                   complainant and accused No. 1, i.e., husband, had solemnized

                   marriage in year 2017 where demand of cash as gift has been

                   made for purchasing flat, furniture, utensils, clothes and gold/
Patna High Court CR. MISC. No.13568 of 2025(5) dt.12-02-2026
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          silver jewelleries were also gifted by family of complainant.

          Thereafter, accused persons raised demand of one kattha of land

          in Muzaffarpur and subsequently more demand was made for cash

          and other articles from time to time. The accused persons started

          torturing the complainant and upon complaint to Mahila Helpline

          by her they assured to keep her well but again after some time

          assaulted her and allegedly accused No.2 tried to kill her by

          pressing her neck after which she started screaming and was saved

          by people nearby. It is alleged that petitioner who is widow (wife

          of brother of accused No.1) had illicit relationship with accused

          No.1 and she saw them in objectionable condition. It is also

          alleged that brother of complainant was also assaulted when they

          questioned the accused people and they kept on demanding

          dowry.

                       4. Learned counsel for the petitioner submits that no

          offence as alleged by prosecution has been committed nor any

          such incident took place. It is further been submitted that

          complainant herself tortured the in-laws and deserted her

          matrimonial home. It is submission of petitioner that she is Jethani

          of complainant and lived separately unconcerned with family

          affairs. The allegation is only based on suspicion showing ill

          thought of complainant and absence of any particular incident

          renders the story unbelievable.
Patna High Court CR. MISC. No.13568 of 2025(5) dt.12-02-2026
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                       5. The learned APP vehemently opposes the prayer for

          quashing and setting aside the cognizance order against petitioner

          as allegations of adultery and assault are serious in nature.

                       6. Having heard the learned counsel for the parties and

          after going through the records of the case, it is evident that the

          petitioner happens to be the widow sister-in-law (Bhabhi) of the

          husband of the complainant. It has also been observed that from a

          plain reading of the FIR, it would be evident that the allegations

          of demand are stated to have started even prior to the marriage.

          The submissions made by the learned counsel for the petitioner

          that the petitioner being a widow and she happens to be the

          Jethani of the complainant she does not have anything to say with

          regard to household matters of her Devar, husband of the

          complainant and therefore lodging of the present complaint case

          against the petitioner amounts to abuse of the process of law. It

          has also been observed that merely on the statement, the ultimate

          averment of the complainant, the case has been found to be true

          against the petitioner despite the fact that they were altogether

          eight witnesses having been examined during the inquiry.

                       7. Taking into account the fact that the petitioner

          happens to be the Jethani of the complainant/Bhabhi of the

          husband of the complainant and also on account of level of

          allegations being made against the petitioner who is stated to be
Patna High Court CR. MISC. No.13568 of 2025(5) dt.12-02-2026
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          like a mother figure to the husband of the complainant, the present

          case reflects to be the exaggerated version of the matrimonial

          dispute.

                       8. In view of the aforesaid discussions and taking into

          account the fact that there is common practice in such matrimonial

          disputes of implicating the entire family members and levelling

          allegations which are not only unbelievable and so exaggerated

          that the same cannot be said to be reasonable.

                       9. In view of various judicial pronouncements in case

          of Dara Lakshmi Narayana v State of Telangana (2024) 12 SCR

          559 the Hon’ble Supreme Court has observed:

                                                      “25. A mere reference to the
                                          names of family members in a criminal
                                          case arising out of a matrimonial
                                          dispute, without specific allegations
                                          indicating their active involvement
                                          should be nipped in the bud. It is a well-
                                          recognised fact, borne out of judicial
                                          experience, that there is often a tendency
                                          to implicate all the members of the
                                          husband's family when domestic disputes
                                          arise out of a matrimonial discord. Such
                                          generalised and sweeping accusations
                                          unsupported by concrete evidence or
                                          particularised allegations cannot form
                                          the basis for criminal prosecution.
                                          Courts must exercise caution in such
                                          cases to prevent misuse of legal
                                          provisions and the legal process and
                                          avoid unnecessary harassment of
                                          innocent family members. In the present
                                          case, appellant Nos.2 to 6, who are the
                                          members of the family of appellant No.1
                                          have been living in different cities and
                                          have not resided in the matrimonial
                                          house of appellant No. 1 and respondent.
                                                      28. The inclusion of Section
                                          498A of the IPC by way of an amendment
Patna High Court CR. MISC. No.13568 of 2025(5) dt.12-02-2026
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                                          was intended to curb cruelty inflicted on
                                          a woman by her husband and his family,
                                          ensuring swift intervention by the State.
                                          However, in recent years, as there have
                                          been a notable rise in matrimonial
                                          disputes across the country, accompanied
                                          by growing discord and tension within
                                          the institution of marriage, consequently,
                                          there has been a growing tendency to
                                          misuse provisions like Section 498A of
                                          the IPC as a tool for unleashing personal
                                          vendetta against the husband and his
                                          family by a wife. Making vague and
                                          generalised        allegations      during
                                          matrimonial conflicts, if not scrutinized,
                                          will lead to the misuse of legal processes
                                          and an encouragement for use of arm-
                                          twisting tactics by a wife and/or her
                                          family. Sometimes, recourse is taken to
                                          invoke Section 498A of the IPC against
                                          the husband and his family in order to
                                          seek compliance with the unreasonable
                                          demands of a wife. Consequently, this
                                          Court has, time and again, cautioned
                                          against prosecuting the husband and his
                                          family in the absence of a clear prima
                                          facie case against them.”

                       10. This development has been reiterated again in

          number of instances, one of them being Muppidi Lakshmi

          Narayana Reddy v State of Andhra Pradesh 2025 SCCOnline

          SC 884 holding that:

                                                      “8. Having heard learned
                                          counsel for the parties and on perusal of
                                          record it appears that there are omnibus
                                          and general allegations against the
                                          appellants. As per complaint, although,
                                          they reside at Hyderabad, they used to
                                          visit Guntur and during such visit they
                                          used to instigate accused no. 1/husband
                                          and his parents and would also join in
                                          demanding dowry. The initial allegation
                                          is of demand of Rs. 5,00,000/- made
                                          against accused No. 4/appellant no. 1
                                          with further statement that they used to
                                          taunt that if accused no. 1 would have
                                          married somewhere else, he would have
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                                                      got Rs. 10 crores dowry. There is no
                                                      allegation of any physical torture being
                                                      perpetrated by the present appellants.
                                                      The allegation is only of taunt and
                                                      statement that they are highly placed
                                                      having      political    influence   and
                                                      connection with Ministers as such they
                                                      instigated accused no. 1 to accused no. 3
                                                      to pressurise the de-facto complainant to
                                                      get additional dowry.
                                                                   12. Considering the entire
                                                      facts of the case, we are of the view,
                                                      having relied on this Court's previous
                                                      decisions in Geeta Mehrotra (supra) &
                                                      Dara Lakshmi Narayana (supra), the
                                                      present criminal case against the
                                                      appellants deserves to be quashed.
                                                      Accordingly, the appeal is allowed and
                                                      Criminal Case No. 359 of 2016 against
                                                      the appellants is quashed.”

                                   11. Considering the facts aforesaid and taking into

                      account the submissions made by the learned counsel for the

                      parties, the order impugned dated 04.09.2024 passed in Complaint

                      Case No. 1090 of 2021 dated 07.06.2021 by the learned Judicial

                      Magistrate 1st Class, Muzaffarpur (East) as against the petitioner

                      is, hereby, quashed.



                                               (Sourendra Pandey, J)
krishna/-

U       T


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