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Patna High Court

Bimal Kishor Jha and AnrversusState Of Bihar and Anr

Decided
Disposal
ALLOWED

Holding

The High Court held that the complaint did not disclose a prima facie case against the petitioners and therefore quashed the order of cognizance under Section 498A IPC and Section 4 Dowry Prohibition Act.

Summary

The petitioners, aged father‑in‑law and mother‑in‑law, were charged under Section 498A IPC and Section 4 of the Dowry Prohibition Act for alleged cruelty and dowry demand against their daughter‑in‑law, Dolly Devi. They sought quash of the magistrate’s order taking cognizance of the offences, arguing that the complaint was vague, omnibus and motivated by marital discord, and that no specific acts were attributed to them. The State and the complainant contended that a prima facie case existed and that the magistrate was correct in taking cognizance. The High Court examined Supreme Court precedents on matrimonial disputes and held that the allegations against the petitioners were not specific enough to satisfy the statutory elements of the offences. Consequently, the Court found no prima facie case against the petitioners and quashed the order of cognizance as an abuse of process. The application for quashing was allowed, limiting the observation to the petitioners only.

Issues considered

  • Whether the complaint against the petitioners discloses a prima facie case under Section 498A IPC and Section 4 Dowry Prohibition Act.
  • Whether the High Court can quash criminal proceedings at the threshold when allegations are vague and possibly motivated by matrimonial discord.

Legislation cited

Subjects

  • Section 498A
  • dowry harassment
  • quashing of criminal proceedings
  • matrimonial dispute
  • abuse of process
  • inherent jurisdiction
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.24153 of 2018
                   Arising Out of PS. Case No.-263 Year-2016 Thana- MADHEPURA COMPALINT CASE
                                                    District- Madhepura
                 ======================================================
           1.     Bimal Kishor Jha S/o Late Ayodhya Nath Jha,
           2.    Sushila Devi W/o Bimal Kishor Jha, Both resident of Vill.- Fuldovi, P.S.-
                 Falka , District- Katihar.

                                                                              ... ... Petitioner/s
                                                    Versus
           1.    The State of Bihar
           2.    Dolly Devi W/o Hare Krishna @ Hare Krishan Bastsa D/o Late Sunder Kant
                 Mishra, R/o Vill.- Rampur Khora, P.S.- Uda Kishunganj, District-
                 Madhepura.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :      Mr. Bimal Kumar, Advocate
                 For the State           :      Mr. Ashok Kumar Singh 1, A.P.P.
                 For the O.P. No. 2      :      Mr. Jibendra Mishra, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

9   19-02-2026                     1. Heard learned counsel for the petitioners, learned

                   A.P.P. for the State as well as learned counsel for the opposite

                   party no.2 (O.P. No.2).

                                  2. The present application has been filed on behalf of

                   the petitioners for quashing of the order dated 22.07.2017

                   passed in Complaint Case No.263 of 2016 by the learned Sub-

                   Divisional Judicial Magistrate, Udakishunganj (hereinafter

                   referred to as ‘Magistrate’) wherein cognizance for offences

                   under Section 498A and 34 of the Indian Penal Code, 1860

                   (hereinafter referred to as ‘I.P.C.’) and under Section 4 of the
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          Dowry Prohibition Act, 1961 has been taken against the

          petitioners, who are father-in-law and mother-in-law of the O.P.

          No.2, and also against husband of O.P. No.2.

                          3. The prosecution story, in brief, is that the

          marriage of complainant, Dolly Devi (O.P. No. 2) was

          solemnized with Hare Krishan Batsa (son of the petitioners

          herein) on 22.04.2015. At the time of marriage and bidai, her

          parents had provided customary gifts and articles. It is alleged

          that after residing in her matrimonial home for about two

          months without any dispute, the accused persons, including her

          husband and the petitioners (father-in-law and mother-in-law),

          began subjecting her to cruelty and harassment in connection

          with a demand for a Nano car and a sum of Rs. 3,00,000/-.

          Upon expressing her inability to fulfil the said demand through

          her parental family, she was allegedly abused and assaulted. The

          O.P. No.2 further alleged that her family members, when

          informed, visited her matrimonial home but were also subjected

          to assault. Moreover, her belongings were forcibly taken away,

          her signatures were obtained on blank stamp papers under

          threat, and she was ultimately driven out of her matrimonial

          home. Being oppressed with the aforementioned torture, O.P.

          No.2 filed a complaint case before the learned Magistrate.
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                          4. On the basis of the said allegations, the learned

          Magistrate, after examination of O.P. No.2 on solemn

          affirmation and inquiry under Section 202 Cr.P.C., vide

          impugned order dated 22.07.2017, took cognizance for the

          offences punishable under Section 498A of the I.P.C., and under

          Section 4 of the Dowry Prohibition Act against the three

          accused persons, namely, Hare Krishan Batsa (son of the

          petitioners herein), Bimal Kishor Jha (petitioner no.1) and

          Sushila Devi (petitioner no.2). Petitioners, being aggrieved by

          the said order of cognizance against them, have preferred this

          application praying to quash the impugned order dated

          22.07.2017 passed against them.

                          5. Learned counsel for the petitioners submits that

          the petitioners, being the aged father-in-law and mother-in-law

          of the O.P. No.2, have been falsely implicated in the present

          case due to matrimonial discord between the O.P. No.2 and her

          husband (co-accused). It is submitted that the allegations made

          in the complaint petition are general and omnibus in nature,

          lacking specific particulars as to the active role attributed to the

          petitioners. Learned counsel further submitted that the

          petitioners are aged about 80 years and 75 years respectively,

          residing separately, and have no direct concern with the day-to-
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          day matrimonial affairs of the O.P. No.2 and her husband.

                          6. Learned counsel further submits that the

          complaint has been instituted by O.P. No.2 with ulterior motive

          based on concocted and fabricated story. It is submitted that

          prior to the institution of the complaint case by O.P. No.2, the

          husband of O.P. No. 2 had already approached the competent

          court by filing a Sanha petition, bearing I.P. No. 2464 of 2015

          dated 09.07.2015, before the learned Chief Judicial Magistrate,

          Katihar, bringing on record the alleged aggressive and unruly

          behaviour of the O.P. No.2 towards her husband and in-laws.

          Learned counsel submitted that the said step was taken with a

          bonafide intention to safeguard the matrimonial relationship and

          to place the true state of affairs before the court. It is submitted

          that the filing of the said petition clearly demonstrates that the

          dispute between the parties was already subsisting and that the

          Complaint Case No. 263 of 2016 has been lodged subsequently

          as a counterblast to the earlier proceedings initiated by the

          husband (co-accused).

                          7. Learned counsel for the petitioners submits that

          the O.P. No.2 herself left the matrimonial house and subsequent

          thereto the son of petitioners had filed a matrimonial suit for

          restitution of conjugal rights under Section 9 of the Hindu
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          Marriage Act wherein she did not even appear.

                          8. Learned counsel for the petitioners further

          submits that the learned Magistrate, without proper application

          of judicial mind and despite contradictions in the statements of

          the inquiry witnesses, mechanically took cognizance against the

          petitioners. Moreover, learned counsel put his reliance on

          various judgments of the Hon’ble Supreme Court including

          Preeti Gupta v. State of Jharkhand, reported in (2010) 7 SCC

          667; Geeta Mehrotra and Anr. v. State of Uttar Pradesh and

          Anr., reported in (2012) 10 SCC 741; Pritam Ashok Sadaphule

          and Ors. v. State of Maharashtra and Anr., reported in (2015)

          11 SCC 769; and Achin Gupta v. State of Haryana and Anr.,

          reported in (2025) 3 SCC 756 wherein it has been observed that

          owing to the surge in matrimonial disputes in recent times, the

          instances of false implication have markedly increased and

          courts must exercise due circumspection while proceeding

          against relatives specially the allegations are omnibus. It is

          lastly submitted that there is no prima facie case made out

          against the petitioners and thus, prayed that the impugned order

          dated 22.07.2017 taking cognizance against the petitioners be

          quashed in exercise of the inherent jurisdiction of this Court.

                          9. Per contra, learned counsel for O.P. No. 2
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          submits that the complaint petition discloses allegations of

          cruelty and dowry demand against the accused persons

          including the petitioners, and that the learned Magistrate has

          rightly taken cognizance after due inquiry under Section 202 of

          the Cr.P.C. It is submitted that the O.P. No.2 was subjected to

          continuous mental and physical harassment on account of

          unlawful demand of a Nano car and Rs. 3,00,000/-, and upon

          her inability to fulfil such demand, she was abused, assaulted,

          and ultimately driven out of her matrimonial home. Learned

          counsel further submits that the allegations are not vague or

          general in nature but disclose active participation of the

          petitioners in the commission of the alleged offence. It is further

          submitted that the plea of false implication and counterblast, as

          sought to be projected by the petitioners, is a matter of defence

          which cannot be adjudicated in a petition for quashing at the

          threshold stage. The filing of any Sanha petition or matrimonial

          suit by the husband does not dilute the seriousness of the

          allegations made in the complaint. It is submitted that at the

          stage of cognizance, the Court is only required to see whether a

          prima facie case is made out, and meticulous examination of

          defence materials is impermissible. It is, moreover, submitted

          that the stage of the case in the court concerned has been
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          changed as the examination of witnesses before charge has

          already closed vide order dated 16.07.2019 passed by the

          learned Magistrate. Therefore, it is submitted that the present

          application be dismissed and the criminal proceeding be allowed

          to continue in accordance with law.

                          10. Learned A.P.P. for the State supports the

          impugned order of cognizance and submits that at the stage of

          taking cognizance, the Court is required to ascertain whether the

          complaint and the materials collected during inquiry disclose a

          prima facie case, and not to meticulously evaluate the

          truthfulness or otherwise of the allegations. Learned A.P.P.

          further submits that the allegations pertain to offences under

          Section 498A of the I.P.C. and Section 4 of the Dowry

          Prohibition Act, which are serious in nature and relate to cruelty

          and unlawful demand of dowry within the matrimonial home.

          Accordingly, it is submitted that no interference is warranted at

          this stage and the application for quashing the impugned Order

          deserves to be dismissed.

                          11.    Having heard           the learned   counsel   for

          petitioners, learned counsel for the O.P. No.2 as well as the

          learned A.P.P. appearing for the State, and upon perusal of the

          materials available on record, it appears that admittedly the O.P.
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          No.2 was married to Hare Krishan Batsa (son of the petitioners)

          on 22.04.2015 according to Hindu rites and rituals and they

          started their matrimonial life. After about five months of

          matrimonial cohabitation, the husband of O.P. No.2 file a Sanha

          Petition bearing I.P. No. 2464 of 2015 alleging aggressive

          attitude of O.P. No.2 towards her in-laws (petitioners) and her

          husband (co-accused). Subsequent to which O.P. No.2 filed the

          Complaint Case No.263 of 2016 on 14.09.2016 against her

          husband and the petitioners along with other in-laws alleging

          the aforementioned allegations, wherein the learned Magistrate

          took cognizance of the offences vide the impugned order dated

          22.07.2017.

                          12. It is pertinent to note that the Court owes a duty

          to subject the allegations levelled in the complaint to a thorough

          scrutiny to find out, prima facie, whether there is any grain of

          truth in the allegations or whether they are made only with the

          sole object of involving certain individuals in a criminal charge,

          more particularly when a prosecution arises from a matrimonial

          dispute.

                          13. The Hon’ble Supreme Court, time and again,

          has also made the stance very clear with respect to the criminal

          allegations arising out of matrimonial discords. The Hon’ble
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          Apex Court in Preeti Gupta (supra) has observed as under:

                                  “32. It is a matter of common experience
                                  that most of these complaints under Section
                                  498-A IPC are filed in the heat of the
                                  moment over trivial issues without proper
                                  deliberations. We come across a large
                                  number of such complaints which are not
                                  even bona fide and are filed with oblique
                                  motive. At the same time, rapid increase in
                                  the number of genuine cases of dowry
                                  harassment is also a matter of serious
                                  concern.
                                      33. The learned members of the Bar have
                                  enormous       social     responsibility    and
                                  obligation to ensure that the social fibre of
                                  family life is not ruined or demolished. They
                                  must ensure that exaggerated versions of
                                  small incidents should not be reflected in the
                                  criminal complaints. Majority of the
                                  complaints are filed either on their advice or
                                  with their concurrence. The learned
                                  members of the Bar who belong to a noble
                                  profession must maintain its noble traditions
                                  and should treat every complaint under
                                  Section 498-A as a basic human problem
                                  and must make serious endeavour to help the
                                  parties in arriving at an amicable resolution
                                  of that human problem. They must discharge
                                  their duties to the best of their abilities to
                                  ensure that social fibre, peace and
                                  tranquillity of the society remains intact. The
                                  members of the Bar should also ensure that
                                  one complaint should not lead to multiple
                                  cases.
                                      34. Unfortunately, at the time of filing of
                                  the complaint the implications and
                                  consequences are not properly visualised by
                                  the complainant that such complaint can
                                  lead to insurmountable harassment, agony
                                  and pain to the complainant, accused and
                                  his close relations.
                                      35. The ultimate object of justice is to
                                  find out the truth and punish the guilty and
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                                  protect the innocent. To find out the truth is a
                                  herculean task in majority of these
                                  complaints. The tendency of implicating the
                                  husband and all his immediate relations is
                                  also not uncommon. At times, even after the
                                  conclusion of criminal trial, it is difficult to
                                  ascertain the real truth. 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. The
                                  allegations of harassment of husband's close
                                  relations who had been living in different
                                  cities and never visited or rarely visited the
                                  place where the complainant resided would
                                  have an entirely different complexion. The
                                  allegations of the complaint are required to
                                  be scrutinised with great care and
                                  circumspection.”

                          14. The Hon’ble Supreme Court in Geeta

          Mehrotra (supra) has observed as under:

                                  “20. Coming to the facts of this case, when
                                  the contents of the FIR are perused, it is
                                  apparent that there are no allegations
                                  against Kumari Geeta Mehrotra and Ramji
                                  Mehrotra except casual reference of their
                                  names which have been included in the FIR
                                  but mere casual reference of the names of
                                  the family members in a matrimonial dispute
                                  without allegation of active involvement in
                                  the matter would not justify taking
                                  cognizance against them overlooking the
                                  fact borne out of experience that there is a
                                  tendency to involve the entire family
                                  members of the household in the domestic
                                  quarrel taking place in a matrimonial
                                  dispute specially if it happens soon after the
                                  wedding.
                                     21. It would be relevant at this stage to
                                  take note of an apt observation of this Court
                                  recorded in the matter of G.V. Rao v. L.H.V.
Patna High Court CR. MISC. No.24153 of 2018(9) dt.19-02-2026
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                                  Prasad [G.V. Rao v. L.H.V. Prasad, (2000) 3
                                  SCC 693 : 2000 SCC (Cri) 733] wherein
                                  also in a matrimonial dispute, this Court had
                                  held that the High Court should have
                                  quashed the complaint arising out of a
                                  matrimonial dispute wherein all family
                                  members had been roped into the
                                  matrimonial litigation which was quashed
                                  and set aside. Their Lordships observed
                                  therein with which we entirely agree that :
                                  (SCC p. 698, para 12)
                                             ‘12. There has been an outburst of
                                         matrimonial dispute in recent times.
                                         Marriage is a sacred ceremony, the
                                         main purpose of which is to enable the
                                         young couple to settle down in life and
                                         live peacefully. But little matrimonial
                                         skirmishes suddenly erupt which often
                                         assume serious proportions resulting
                                         in commission of heinous crimes in
                                         which elders of the family are also
                                         involved with the result that those who
                                         could have counselled and brought
                                         about rapprochement are rendered
                                         helpless on their being arrayed as
                                         accused in the criminal case. There
                                         are many other reasons which need
                                         not be mentioned here for not
                                         encouraging matrimonial litigation so
                                         that the parties may ponder over their
                                         defaults and terminate their disputes
                                         amicably by mutual agreement instead
                                         of fighting it out in a court of law
                                         where it takes years and years to
                                         conclude and in that process the
                                         parties lose their “young” days in
                                         chasing their “cases” in different
                                         courts.’
                                             The view taken by the Judges in
                                         this matter was that the courts would
                                         not encourage such disputes.”

                          15. The Hon’ble Supreme Court in Achin Gupta
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          (supra) has observed as under:

                                  “35. In one of the recent pronouncements of
                                  this Court in Mahmood Ali v. State of U.P.
                                  [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 482CrPC 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)

                          16. Having considered the rival submissions and

          upon perusal of the complaint petition, this Court finds that in

          order to attract the provisions of Section 498A of the I.P.C., the

          allegations must prima facie disclose “cruelty” within the
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          meaning of the Explanation to the said Section, namely, wilful

          conduct of such nature as is likely to cause grave injury or

          harassment with a view to coercing fulfilment of an unlawful

          demand. Similarly, for constituting an offence under Section 4

          of the Dowry Prohibition Act, there must be a specific and

          identifiable demand of dowry attributable to the accused. In the

          present case, though the complaint contains allegations of

          demand of a Nano car and Rs. 3,00,000/- and of torture by the

          accused persons including the petitioners, the allegations so far

          as these petitioners, who are the aged father-in-law and mother-

          in-law, are concerned, appear to be general and omnibus in

          nature without specific attribution of overt acts or distinct role

          demonstrating active participation in the alleged cruelty or

          dowry      demand.       The     complaint       attributes   the   demand

          collectively to all accused persons without detailing the

          particular conduct of the petitioners or the circumstances in

          which such demand was allegedly made by them. The inquiry

          statements also do not assign any specific act to the petitioners

          beyond reiteration of general allegations. Thus, in absence of

          specific material disclosing the essential statutory ingredients

          against the petitioners, it can be said that a prima facie case

          under Section 498A of I.P.C. and Section 4 of the Dowry
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          Prohibition Act is not made out against them.

                          17. Now, the law with respect to quashing of

          criminal proceeding is now well settled that while considering a

          prayer to quash the criminal complaint and the consequential

          proceedings at the threshold, the Court is required to examine

          whether the allegations made in the complaint along with

          materials in support thereof make out a prima facie case to

          proceed against the accused or not. The reference to the same

          has been made by the Hon’ble Apex Court in various judgments

          including 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.

                          18. Applying the aforesaid legal principles to the

          facts of the present case, this Court finds that the continuation of

          the criminal proceeding against the present petitioners would

          amount to an abuse of the process of the Court. The materials

          available on record do not disclose any specific or prima facie

          incriminating act attributable to these petitioners so as to satisfy

          the essential ingredients of the offences alleged. The allegations

          are sweeping in nature and appear to have been made in a

          mechanical manner against all family members, without
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          delineating their individual roles. The petitioners are aged in-

          laws, residing separately, and no material has been brought on

          record to demonstrate their direct involvement in the alleged

          demand or acts of cruelty. Moreover, the background

          circumstances,        including prior matrimonial discord and

          initiation of proceedings by the husband, lend support to the

          contention that the present prosecution is a manifestation of

          strained marital relations rather than a case supported by

          concrete and specific allegations against the petitioners. In such

          circumstances, permitting the prosecution to proceed against

          them would not subserve the ends of justice and would result in

          unnecessary harassment. Hence, the impugned order, insofar as

          it relates to the present petitioners, is liable to be set aside.

                          19. Accordingly, this Court is of the considered

          view that the impugned order dated 22.07.2017, passed by the

          learned Sub-Divisional Judicial Magistrate, Udakishunganj, in

          Complaint Case No. 263 of 2016, taking cognizance under

          Section 498A of the I.P.C. and Section 4 of the Dowry

          Prohibition Act against the petitioners cannot be sustained in the

          eye of law. The criminal proceeding, so far as it relates to these

          petitioners, is hereby quashed.

                          20. The present application is, accordingly,
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                        allowed.

                                        21. It is further clarified that the observations made

                        hereinabove are confined to the adjudication of the present

                        application for quashing and shall not be construed as an

                        expression on the merits of the case against the other accused

                        person and the learned Trial Court shall proceed independently

                        and uninfluenced by any observation made in this order, in

                        accordance with law. The application stands allowed to the

                        extent indicated above.

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

                        learned Trial Court forthwith.



                                                (Sunil Dutta Mishra, J)
ritik/-

U         T


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