Created by Fuzzy Cloud

Patna High Court

VIJAY SHANKAR DUBEYversusThe State of Bihar

Decided
Disposal
ALLOWED
Bench
ANSUL

Holding

The High Court quashed the order taking cognizance as the complaint failed to make specific, substantiated allegations against the petitioners and amounted to a frivolous proceeding.

Summary

The petitioners, who are the in‑laws of the complainant, sought quashing of the order dated 16‑08‑2022 that took cognizance of a complaint alleging dowry demand, torture and attempted murder under Sections 498A, 307 IPC and Section 3 of the Dowry Prohibition Act. The petitioners contended that the allegations were vague, lacked objective evidence and were essentially directed against the husband, not the in‑laws. The Court examined precedents emphasizing that omnibus allegations against a husband’s relatives are often misused and that the High Court must scrutinise the FIR/complaint beyond its bare averments to detect frivolous or vexatious proceedings. Relying on Supreme Court judgments (e.g., Abhishek v. State of MP, Kahkashan Kausar v. State of Bihar) and the principles under Section 482 CrPC and Article 226, the Court held that the complaint did not disclose specific allegations against the petitioners. Consequently, the order taking cognizance was quashed as the proceedings were deemed manifestly frivolous and without merit.

Issues considered

  • Whether the allegations in the complaint constitute a prima facie case against the petitioners under Sections 498A, 307 IPC and the Dowry Prohibition Act.
  • Whether the High Court can quash the order taking cognizance under its inherent powers under Section 482 CrPC/Article 226 when the complaint is deemed frivolous or vexatious.
  • Whether the allegations are mere omnibus statements lacking specific factual support against the in‑laws.

Legislation cited

Subjects

  • dowry harassment
  • Section 498A IPC
  • quashing criminal proceedings
  • inherent powers of court
  • matrimonial dispute
  • frivolous complaint

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                  CRIMINAL MISCELLANEOUS No.20906 of 2023
      Arising Out of PS. Case No.-875 Year-2022 Thana- PATNA COMPLAINT CASE District-
                                              Patna
     ======================================================
1.    VIJAY SHANKAR DUBEY S/o Late Chandra Shekhar Dubey Resident of
      4M/116, Bahadurpur, Housing Colony, Patna-26
2.   ANJANA DUBEY W/o Sri Vijay Shankar Dubey Resident of 4M/116,
     Bahadurpur, Housing Colony, Patna-26
3.   KUMAR SHIVAM S/o Sri Vijay Shankar dubey Resident of 4M/116,
     Bahadurpur, Housing Colony, Patna-26
4.   BHANU SHREE D/o Sri Vijay Shankar Dubey Resident of 4M/116,
     Bahadurpur, Housing Colony, Patna-26

                                                                    ... ... Petitioner/s
                                          Versus
1.   The State of Bihar Bihar
2.   Saumya Dwevedi D/O- Piyush Kumar Dwevedi at present resident of Asha
     Village, chinni(Sugar) Mill Road,Bihta, P.S.-Bihta, district- Patna, R/O
     village- Datiyana, P.S.-Vikram, district- Patna

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s   :        Mr.Kunal Tiwary, Advocate
     For the State          :        Mr.Pramod Kumar Pandey, APP
     For the O.P. No. 2     :        Mr. Manoj Kumar Singh, Advocate
                            :        Mr. Saurav Karn, Advocate
                            :        Mr. Saurabh Kumar, Advocate
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE ANSUL
     ORAL JUDGMENT
      Date : 25-06-2026


                  Heard learned counsel for the petitioners as well as

     learned counsel for the opposite parties.

                  2. The instant petition has been filed on behalf of the

     petitioners for quashing the order taking cognizance dated

     16.08.2022 passed by learned Chief Judicial Magistrate in

     Complaint Case No. 875(C) of 2022 whereby cognizance has been
Patna High Court CR. MISC. No.20906 of 2023 dt.25-06-2026
                                            2/7




       taken for the offences punishable under Section 498(A), 307 of the

       Indian Penal Code and ¾ of Dowry Prohibition Act.

                    3. The allegation is of demand of dowry and torture. The

       allegation as pointed out by learned counsel for the opposite party

       against these petitioners who are father-in-law, mother-in-law,

       brother-in-law and sister-in-law respectively is that on the next

       date of marriage they objected to the size of plate and started

       throwing away the goods. Further allegation is that the mother-in-

       law forced her to eat expiry biscuit. Under force she consumed it

       and got ill but she was not taken to hospital. Thereafter, on

       08.01.2022 all the accused persons brought kerosene in the

       courtyard and they were indicating amongst themselves and asking

       the husband to kill her.

                    4. Learned counsel for the petitioner submits that the

       thrust of allegation is against the husband who is responsible for

       the well being of the lady in the matrimonial home. Moreover, the

       allegations are without any objective support. The frustration with

       regard to demand of dowry and forcing the lady to eat expiry

       biscuits are merely oral allegation with no objective support.

                    5. Learned counsel for the petitioners relies upon the

       observation given by the Hon’ble Supreme Court in Abhishek vs.
Patna High Court CR. MISC. No.20906 of 2023 dt.25-06-2026
                                            3/7




       State of Madhya Pradesh reported in [2023 SCC Online SC

       1083] has held at para 13, 14, 15 and 16 that:-

                                 “(13) Instances of a husband's family
                     members      filing   a      petition   to   quash   criminal
                     proceedings launched against them by his wife in the
                     midst of matrimonial disputes are neither a rarity nor
                     of recent origin. Precedents aplenty abound on this
                     score. We may now take note of some decisions of
                     particular relevance. Recently, in Kahkashan Kausar
                     alias Sonam v. State of Bihar [(2022) 6 SCC 599], this
                     Court had occasion to deal with a similar situation
                     where the High Court had refused to quash a FIR
                     registered for various offences, including Section 498A
                     IPC. Noting that the foremost issue that required
                     determination was whether allegations made against
                     the in-laws were general omnibus allegations which
                     would be liable to be quashed, this Court referred to
                     earlier decisions wherein concern was expressed over
                     the misuse of Section 498A IPC and the increased
                     tendency to implicate relatives of the husband in
                     matrimonial disputes. This Court observed that false
                     Implications by way of general omnibus allegations
                     made in the course of matrimonial disputes, if left
                     unchecked, would result in misuse of the process of
                     law. On the facts of that case, it was found that no
                     specific allegations were made against the in-laws by
                     the wife and it was held that allowing their prosecution
                     in the absence of clear allegations against the in-laws
                     would result in an abuse of the process of law. It was
                     also noted that a criminal trial, leading to an eventual
Patna High Court CR. MISC. No.20906 of 2023 dt.25-06-2026
                                            4/7




                     acquittal, would inflict severe scars upon the accused
                     and such an exercise ought to be discouraged.
                                 14. In Preeti Gupta v. State of Jharkhand
                     [(2010) 7 SCC 667], this Court noted that the tendency
                     to implicate the husband and all his immediate
                     relations is also not uncommon in complaints filed
                     under Section 498A IPC. It was observed that the
                     Courts have to be extremely careful and cautious in
                     dealing with these complaints and must take pragmatic
                     realities   into consideration while     dealing with
                     matrimonial cases, as allegations of harassment by
                     husband's close relations, who were living in different
                     cities and never visited or rarely visited the place
                     where the complainant resided, would add an entirely
                     different complexion and such allegations would have
                     to be scrutinised with great care and circumspection.
                                 15. Earlier, in Neelu Chopra v. Bharti
                     [(2009) 10 SCC 184), this Court observed that the
                     mere mention of statutory provisions and the language
                     thereof, for lodging a complaint, is not the 'be all and
                     end all of the matter, as what is required to be brought
                     to the notice of the Court is the particulars of the
                     offence committed by each and every accused and the
                     role played by each and every accused in the
                     commission of that offence. These observations were
                     made in the context of a matrimonial dispute involving
                     Section 498A IPC.
                                 16. Of more recent origin is the decision of
                     this Court in Mahmood Ali v. State of U.P. (Criminal
                     Appeal No. 2341 of 2023, decided on 08.08.2023) on
                     the legal principles applicable apropos Section 482
                     Cr.P.C. Therein, it was observed that when an accused
Patna High Court CR. MISC. No.20906 of 2023 dt.25-06-2026
                                            5/7




                     comes before the High Court, invoking either the
                     inherent power under Section 482 Cr. P.C. 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.”


                    6. Learned counsel for the O.P. No.2 states that these

       constitute prima facie allegation. In the case of Salib v. State of

       U.P., reported in (2023) 20 SCC 194, the Hon’ble Supreme Court

       in Para 26 has dealt with such a situation while expanding the

       scope of quashing. It very clearly says that a FIR or a complaint

       can be a well drafted to give an impression of a prima facie case

       but the Court has the duty to read between the lines and attending

       circumstances to see as to whether a prima facie case is being

       made out. Para 26 of the judgment is quoted hereunder:-
Patna High Court CR. MISC. No.20906 of 2023 dt.25-06-2026
                                            6/7




                                 “26. At this stage, we would like to observe
                     something important. Whenever an accused comes
                     before the Court invoking either the inherent powers
                     under Section 482 of the Code of Criminal Procedure
                     (CrPC) or 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 for wreaking
                     vengeance, then in such circumstances the Court owes
                     a duty to look into the FIR with care and a little more
                     closely. We say so because once the complainant
                     decides to proceed against the accused with an ulterior
                     motive for wreaking personal vengeance, etc. then he
                     would ensure that the FIR/complaint is very well
                     drafted with all the necessary pleadings. The
                     complainant would ensure that the averments made in
                     the FIR/complaint are such that they disclose the
                     necessary ingredients to constitute the alleged offence.
                     Therefore, it will not be just 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. 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 try to
                     read in between the lines. The Court while exercising
                     its jurisdiction under Section 482CrPC or Article 226
                     of the Constitution need not restrict itself only to the
                     stage of a case but is empowered to take into account
             Patna High Court CR. MISC. No.20906 of 2023 dt.25-06-2026
                                                         7/7




                                  the    overall      circumstances      leading   to   the
                                  initiation/registration of the case as well as the
                                  materials collected in the course of investigation. Take
                                  for instance the case on hand. Multiple FIRs have been
                                  registered over a period of time. It is in the background
                                  of such circumstances the registration of multiple FIRs
                                  assumes importance, thereby attracting the issue of
                                  wreaking vengeance out of private or personal grudge
                                  as alleged.”



                                 7. In the backdrop of allegations as well as large number

                    of judgments of Supreme Court where the practice of implicating

                    in-laws in matrimonial litigation has been deprecated, this

                    application stands allow.

                                 8. Accordingly, the order taking cognizance dated

                    16.08.2022 passed by learned Chief Judicial Magistrate, Danapur,

                    Patna in Complaint Case No. 875(C) of 2022 is hereby quashed, so

                    far as the petitioners are concerned.



                                                        (Ansul, J)
amitkr/-
AFR/NAFR                NAFR
CAV DATE                N/A
Uploading Date          26.06.2026
Transmission Date       26.06.2026


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.