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Patna High Court

Meera DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court held that the allegations were vague and failed to disclose a prima facie case, and therefore quashed the order of cognizance and the criminal proceeding against the petitioner.

Summary

The petitioner, Meera Devi, mother‑in‑law of complainant Kumari Sujata, sought quash of a magistrate's order taking cognizance of offences under IPC §§498A, 323, 379 (with §34) and Dowry Prohibition Act §4. The complaint alleged dowry demands and cruelty but made only vague, omnibus accusations against the petitioner, who was residing separately from the complainant at the relevant time. The petitioner argued that the complaint was filed as a retaliatory measure in a pending divorce suit and that similar co‑accused had earlier been granted relief. The High Court, invoking its inherent power under CrPC §482 and Supreme Court precedents, held that the allegations did not disclose a prima facie case and that proceeding would amount to abuse of process. Consequently, the order of cognizance against the petitioner was set aside and the criminal proceedings against her were quashed.

Issues considered

  • Whether the allegations in the complaint disclose a prima facie case of offences under IPC §§498A, 323, 379 and Dowry Prohibition Act §4 against the petitioner.
  • Whether continuation of the criminal proceeding against the petitioner would constitute an abuse of process warranting exercise of inherent jurisdiction under CrPC §482.
  • Whether the magistrate's order taking cognizance of the offences should be quashed.

Legislation cited

Subjects

  • dowry harassment
  • Section 498A
  • abuse of process
  • inherent jurisdiction
  • quash order
  • matrimonial dispute
  • Section 482 CrPC
  • vague allegations

Judgment

                       IN THE HIGH COURT OF JUDICATURE AT PATNA
                               CRIMINAL MISCELLANEOUS No.20856 of 2018
                   Arising Out of PS. Case No.-1883 Year-2013 Thana- BEGUSARAI COMPLAINT CASE
                                                    District- Begusarai
                  ======================================================
                  Meera Devi,W/o Sri Ramakant Singh R/o Village- Bharaul, P.S.- Bachhwara,
                  District- Begusarai.

                                                                             ... ... Petitioner/s
                                                    Versus
            1.    The State of Bihar
            2.    Kumari Sujata, W/o Basant Kumar, D/o Dr. Ram Bilash Singh, R/o Village-
                  Musadpur, P.S.- Barauni, District- Begusarai.

                                                         ... ... Opposite Party/s
                  ======================================================
                  Appearance :
                  For the Petitioner/s   :      Mr. Sanjeet Kumar, Advocate
                  For the State          :      Mr. Arun Kumar, APP
                  For the O.P. No.2      :      Mr. Sarvottam Kumar, Advocate
                                                Ms. Asmita Bharti, Advocate
                  ======================================================
                  CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                        ORAL ORDER

12   05-05-2026                   1. Heard learned counsel for the petitioner and learned

                    counsel for the O.P. No.2 as well as learned APP for the State.

                                  2. The present application has been filed under

                    Section 482 of the Code of Criminal Procedure, 1973 for

                    quashing the order dated 13.02.2014 passed by the Court of

                    learned S.D.J.M., Begusarai (hereinafter referred to as

                    ‘Magistrate’) in connection with Complaint Case No.1883 (C)

                    of 2013, wherein the learned Magistrate took cognizance of the

                    offence under Sections 498A, 323 and 379 read with Section 34

                    of the Indian Penal Code, 1860 and under Section 4 of the

                    Dowry Prohibition Act, 1961 against the present petitioner, who
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          is mother-in-law of the O.P. No.2, and six other accused

          persons.

                       3. Factual matrix giving rise to the present case is that

          O.P. No.2/complainant filed Complaint Case No.1883 (C) of

          2013, wherein it is stated that the marriage between the

          complainant (Kumari Sujata) and the son of the petitioner

          herein, namely Basant Kumar (co-accused), was solemnized on

          15.04.2012 according to Hindu rites and customs. It is alleged

          that at the time of marriage substantial dowry in the form of

          cash, car, ornaments and other articles was given, but soon after

          the marriage, the accused persons, including the present

          petitioner (who is the mother-in-law of O.P. No.2/complainant),

          started demanding             additional dowry and subjected the

          complainant to physical and mental cruelty. When she failed to

          gratify their demands, she was ousted from her matrimonial

          home. Subsequently, the complainant filed the aforesaid

          complaint case.

                       4. Upon perusal of the materials available on record,

          including the complaint petition, solemn affirmation of the

          complainant (O.P. No.2) and the statement of witness recorded

          during inquiry, the learned Magistrate, vide order dated

          13.02.2014, took cognizance of the offences under Sections
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          498A, 323 and 379 read with Section 34 of the Indian Penal

          Code and under Section 4 of the Dowry Prohibition Act against

          all the accused persons including the present petitioners. Being

          aggrieved by the aforesaid impugned order passed by the

          learned Magistrate, the petitioner, who is mother-in-law of the

          complainant (O.P. No.2), has approached this Court seeking

          quashing of the said impugned order of cognizance.

                       5. Learned counsel for the petitioner submits that the

          entire prosecution, as initiated by the complaint case, is nothing

          but an abuse of the process of the Court and has been

          maliciously instituted with an ulterior motive to harass the

          petitioner, who is the aged mother-in-law of the O.P. No.2. It is

          submitted that the allegations made in the complaint petition are

          wholly vague, general and omnibus in nature, without

          attributing any specific overt act to the petitioner. Learned

          counsel submits that the O.P. No.2 admittedly resided with her

          husband at Delhi during the relevant period, and the petitioner

          was living separately, thus rendering the allegations against the

          petitioner inherently improbable. He further submits that the

          learned Magistrate has mechanically taken cognizance without

          proper application of judicial mind and in absence of prima

          facie materials against the petitioner.
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                       6. Learned counsel for the petitioner submits that the

          present complaint has been filed as a counterblast to the

          matrimonial (divorce) case instituted by the husband of the O.P.

          No.2 prior to filing of the complaint, which clearly indicates

          mala fide intention. Learned counsel also submits that the

          materials on record, including official documents, demonstrate

          that the husband was posted outside Begusarai during the

          alleged period, thereby falsifying the version of the O.P. No.2. It

          is submitted that continuation of the criminal proceeding against

          the petitioner, in absence of any specific and credible allegation,

          would amount to misuse of the criminal justice system. Learned

          counsel further submits that this Court vide order dated

          24.11.2014 passed in Cr. Misc. No.17715 of 2016 (Ratna

          Kumari @ Ratna & Anr. v. State of Bihar & Ors.) and also

          vide order dated 04.12.2017 passed in Cr. Misc. No. 4312 of

          2015 (Harishankar Kunwar & Anr. v. State of Bihar & Ors.),

          has quashed the impugned order of cognizance dated

          13.02.2014 against other similarly situated co-accused persons.

          Hence, learned counsel prays that this Court, in exercise of its

          inherent jurisdiction, quash the impugned order of cognizance

          as well as the entire criminal proceeding against the petitioner.

                       7. Learned counsel for the O.P. No.2 concedes that
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          petitioner is the mother-in-law of the O.P. No.2 (complainant)

          and father-in-law of the O.P. No.2 has already died on

          05.02.2024 during the proceeding of this case. He further

          concedes that the entire proceeding including the order of

          cognizance dated 13.02.2014 passed by the learned Magistrate

          in Complaint Case No.1883 (C) of 2013 has been set aside vide

          order dated 24.11.2024 and 04.12.2017 by the Co-ordinate

          Bench of this Court in Cr. Misc. No.17715 of 2016 and Cr.

          Misc. No. 4312 of 2015 respectively, against other similarly

          situated co-accused.

                       8. Learned counsel for O.P. No.2 and learned APP for

          the State submit that in the facts and circumstances of this case,

          appropriate order may be passed in the interest of justice.

                       9.   This     Court        has   carefully   considered   the

          submissions advanced on behalf of the parties and perused the

          materials available on record. It is well settled that the inherent

          power under Section 482 of the Code of Criminal Procedure is

          to be exercised sparingly and with circumspection, and only in

          cases where the allegations made in the complaint, even if taken

          at their face value and accepted in their entirety, do not disclose

          the commission of any offence or where the continuation of the

          criminal proceeding would amount to an abuse of the process of
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          the Court. The Court is not required to embark upon a

          meticulous appreciation of evidence or adjudicate disputed

          questions of fact at this stage.

                       10. It is equally well settled that in cases arising out of

          matrimonial disputes, the tendency to implicate all family

          members of the husband without specific and distinct

          allegations has been deprecated by the Hon’ble Supreme Court

          in a catena of decisions. The Hon’ble Apex Court has

          consistently held that vague and omnibus allegations, without

          any prima facie material indicating active involvement, would

          not justify the continuation of criminal proceedings against such

          relatives. However, it is equally settled that where the

          allegations are inherently improbable, absurd, or do not disclose

          the essential ingredients of the alleged offences, or where the

          proceeding appears to be manifestly attended with mala fide and

          instituted with ulterior motive, the Court would be justified in

          exercising its inherent jurisdiction to prevent abuse of the

          process of law.

                       11. The Hon’ble Supreme Court in Achin Gupta v.

          State of Haryana and Anr., reported in (2025) 3 SCC 756 has

          observed as under:

                                  “35. In one of the recent pronouncements of
                                  this Court in Mahmood Ali v. State of U.P.
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                                  [Mahmood Ali v. State of U.P., (2023) 15
                                  SCC 488] , authored by one of us (J.B.
                                  Pardiwala, J.), the legal principle applicable
                                  apropos Section 482 CrPC was examined.
                                  Therein, it was observed that when an
                                  accused comes before the High Court,
                                  invoking either the inherent power under
                                  Section 482CrPC or the extraordinary
                                  jurisdiction under Article 226 of the
                                  Constitution, to get the FIR or the criminal
                                  proceedings quashed, essentially on the
                                  ground that such proceedings are manifestly
                                  frivolous or vexatious or instituted with the
                                  ulterior motive of wreaking vengeance, then
                                  in such circumstances, the High Court owes
                                  a duty to look into the FIR with care and a
                                  little more closely. It was further observed
                                  that it will not be enough for the Court to
                                  look into the averments made in the
                                  FIR/complaint alone for the purpose of
                                  ascertaining whether the necessary
                                  ingredients to constitute the alleged offence
                                  are disclosed or not as, in frivolous or
                                  vexatious proceedings, the court owes a
                                  duty to look into many other attending
                                  circumstances emerging from the record of
                                  the case over and above the averments and,
                                  if need be, with due care and
                                  circumspection, to try and read between the
                                  lines.”
                                                          (emphasis supplied)

                       12. Upon perusal of the allegations made in the

          complaint petition, this Court finds that the accusations against

          the present petitioner, who is the mother-in-law of the

          complainant (O.P. No.2), are general and omnibus in nature. No

          specific date, time or particular overt act has been attributed to

          them so as to prima facie constitute the offences alleged. The
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          complaint primarily contains sweeping statements regarding

          demand of dowry and cruelty without delineating the individual

          role of the petitioner. It is also not in dispute that the

          complainant was residing with her husband at Delhi for a

          considerable period after marriage, which renders the direct

          involvement of the petitioner, who was residing separately,

          doubtful.

                       13. It further appears from the materials brought on

          record     that    the     matrimonial       relationship   between   the

          complainant (O.P. No.2) and her husband had already become

          strained, and a matrimonial (divorce) proceeding had been

          instituted by the husband prior to the filing of the present

          complaint case. The complaint has been filed subsequent to

          receipt of notice in the said matrimonial proceeding, which

          lends credence to the submission of the petitioner that the

          present criminal case may have been instituted as a counterblast.

                       14. Having regard to the aforesaid facts and

          circumstances, and considering the nature of allegations made

          against the petitioner, this Court finds that the essential

          ingredients of the offences alleged are not clearly made out

          against her from the complaint petition itself. The continuation

          of the criminal proceeding, in absence of specific and credible
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          allegations, would result in unnecessary harassment of the

          petitioner and would amount to abuse of the process of the

          Court.

                       15. In such circumstances, this Court is of the

          considered opinion that the present case falls within the

          parameters laid down by the Hon’ble Supreme Court in State of

          Haryana and Ors. v. Bhajan Lal and Ors., reported in 1992

          Supp (1) SCC 335 and Pradeep Kumar Kesarwani v. State of

          Uttar Pradesh & Anr., reported in 2025 SCC OnLine SC 1947,

          particularly the category where the allegations made in the

          complaint, even if taken at their face value, do not disclose a

          prima facie case against the accused or are so vague and

          omnibus that no prudent person can reach a just conclusion for

          proceeding against them. Accordingly, the continuation of the

          criminal proceeding against the present petitioner would amount

          to an abuse of the process of the Court and warrants interference

          in exercise of inherent powers to meet the ends of justice.

                       16.    Accordingly,        the     impugned   order   dated

          13.02.2014 passed by the Court of learned S.D.J.M., Begusarai

          in Complaint Case No. 1883 (C) of 2013, so far as it relates to

          the present petitioner, is hereby set aside.

                       17. Resultantly, the entire criminal proceeding arising
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                      out of the aforesaid complaint case, as against the petitioner,

                      stands quashed.

                                   18. The present Criminal Miscellaneous Application,

                      accordingly stands allowed.

                                   19. Let a copy of this order be communicated to the

                      Court concerned forthwith for needful compliance.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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