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Patna High Court

Usha DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

No prima facie case exists against the petitioner; therefore, the order of cognizance is quashed under Section 482 CrPC.

Summary

The petitioner, Usha Devi, mother‑in‑law of the complainant, filed a criminal miscellaneous application under Section 482 of the CrPC seeking to quash a 2015 order of cognizance taken by the Magistrate for offences under Sections 494, 498A and 34 of the IPC. The FIR alleged cruelty and a second marriage by the complainant’s husband, Ashutosh Kumar, and implicated several family members, including the petitioner, without specific allegations against her. The petitioner argued that the allegations were vague, omnibus and amounted to abuse of process, especially since a similar proceeding had earlier been quashed by this Court. The State contended that the Magistrate was correct to take cognizance on prima facie material. Relying on Supreme Court precedents that prohibit the prosecution of relatives on vague allegations and emphasizing the need to prevent misuse of Section 482, the Court found no prima facie case against the petitioner and quashed the order of cognizance, setting aside the criminal proceedings against her.

Issues considered

  • Whether the order of cognizance under Sections 494, 498A and 34 IPC can be quashed under Section 482 CrPC when the allegations against the petitioner are vague and lack specific material.
  • Whether a mother‑in‑law can be held liable for offences under Section 498A absent distinct allegations of cruelty.
  • Whether the continuation of the criminal proceeding constitutes an abuse of the process of law and is manifestly frivolous or mala fide.

Legislation cited

Subjects

  • Section 482 CrPC
  • quash order
  • cognizance
  • Section 498A IPC
  • family members liability
  • abuse of process
  • mala fide prosecution
  • matrimonial dispute

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.26826 of 2018
                        Arising Out of PS. Case No.-70 Year-2015 Thana- RUPASPUR District- Patna
                 ======================================================
                 Usha Devi, Wife of Late Bachcha Sharma Resident of House No. 30 Nehru
                 Nagar, P.S.- Patliputra, District- Patna

                                                                                   ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Smt. Sindhu Devi, Wife of Sri Makeshwar Sharma, resident of Mohalla-
                 Ram Jaipal Nagar, Gola Road, Near (House No. 161 Safi Alam IPS) P.S.-
                 Rupaspur, District- Patna.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s     :        Ms. Usha Kumari Singh, Advocate
                 For the Opposite Party/s :        Mr. Gauri Shankar Gupta, APP
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

8   07-04-2026                    Heard learned counsel for the petitioner as well as

                   learned APP for thew State.

                                2. The present application has been filed under

                   Section 482 of the Code of Criminal Procedure, 1973

                   (hereinafter referred to as ‘Cr.P.C.’) to quash the order dated

                   25.07.2015 passed by the learned A.C.J.M., 1st, Danapur

                   (hereinafter referred to as ‘Magistrate’) in connection with

                   Rupaspur P.S. Case No.70 of 2015, corresponding to Trial

                   No.798 of 2015 wherein learned Magistrate took cognizance of

                   the offence under Sections 494 and 498A read with Section 34

                   of the Indian Penal Code, 1860 against the accused persons

                   including the petitioner herein, who is mother-in-law of the O.P.
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          No.2.

                       3. The prosecution case, in brief, as alleged in the

          First Information Report lodged by O.P. No.2 (informant),

          namely Sindhu Devi, is that she is the legally wedded wife of

          co-accused Ashutosh Kumar, and their marriage was solemnized

          on 27.02.2009 in accordance with Hindu rites and rituals, out of

          which wedlock a female child was born on 21.02.2010. It is

          alleged that she was subjected to cruelty and was threatened that

          her husband would contract a second marriage with the

          connivance of the family members who are made accused in the

          case, including the present petitioner. It is further alleged that

          the husband of O.P. No.2 solemnized second marriage on

          02.12.2014. On the basis of the said allegations, the present case

          came to be instituted bearing Rupaspur P.S. Case No.70 of

          2015.

                       4. Upon perusal of the materials available on record

          and the nature of allegations made in the written report, learned

          Magistrate took cognizance of the offence under Sections 494,

          498A read with Section 34 of the Indian Penal Code against

          Ashutosh Kumar (husband of O.P. No.2), Usha Devi

          (petitioner), Bachcha Sharma (deceased father-in-law of O.P.

          No.2), Juli Kumari, Nidhi Kumari, Nagendra Kumar and Mintu
Patna High Court CR. MISC. No.26826 of 2018(8) dt.07-04-2026
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          Kumari. Aggrieved by the impugned order of cognizance by the

          learned Magistrate, the petitioner has filed present Criminal

          Miscellaneous Application to quash the impugned order dated

          25.07.2015 taking cognizance.

                       5. Learned counsel for the petitioner submits that the

          impugned order taking cognizance, is wholly misconceived and

          unsustainable in the eyes of law. Learned counsel further

          submits that the petitioner, being mother-in-law of O.P. No.2,

          has been falsely implicated in the present case in a routine

          manner without there being any specific or direct allegation

          against her in the F.I.R. It is submitted that the allegations are

          vague, general and omnibus in nature and do not satisfy the

          essential ingredients of the offence under Section 498A of the

          Indian Penal Code so far as the petitioner is concerned. Learned

          counsel submits that the core allegations pertain to the husband,

          namely Ashutosh Kumar, particularly with respect to the alleged

          second marriage, and the present petitioner has been implicated

          only on account of her relationship with the husband of O.P.

          No.2.

                       6. Learned counsel for the petitioner further submits

          that on an earlier occasion also, O.P. No.2 had instituted a

          complaint case on similar allegations, being Complaint Case
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          No. 233(C) of 2013, wherein cognizance had been taken against

          the accused persons including the present petitioner, however,

          the said order of cognizance was quashed by this Court vide

          order dated 04.01.2018 passed in Cr. Misc. No.11707 of 2015.

          Learned counsel submits that despite the said order of quashing,

          the O.P. No.2 has again initiated the present criminal proceeding

          on the same set of allegations, which clearly reflects her mala

          fide intention to harass the petitioner. It is further submitted that

          the present case has been lodged as a counterblast to the

          matrimonial case filed by the husband, and the learned

          Magistrate has mechanically taken cognizance without proper

          application of judicial mind. It is, therefore, submitted that the

          impugned order be quashed so far as the present petitioner is

          concerned.

                       7. Learned APP for the State opposes the prayer for

          quashing and submits that the allegations made in the F.I.R.,

          taken at their face value, disclose the commission of cognizable

          offence under Section 498A of the Indian Penal Code. Learned

          APP further submits that at the stage of cognizance, a detailed

          appreciation of evidence is not required, and the learned

          Magistrate has rightly taken cognizance upon finding prima

          facie materials on record.
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                       8. Despite valid service of notice upon O.P. No.2,

          none has appeared on her behalf to contest the present

          application. In such circumstances, this Court is left with no

          option but to proceed with the matter in absence of O.P. No.2

          and decide the case on the basis of the materials available on

          record as well as the submissions advanced on behalf of the

          petitioner and the State.

                       9. It is 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.
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                       10. At this stage, it is apposite to reproduce some

          relevant paragraphs of the judgment of Hon’ble Supreme Court

          in the case of Abhishek v. State of Madhya Pradesh, reported in

          (2023) 16 SCC 666 with respect to the contours of the power to

          quash criminal proceedings under Section 482 of the Cr.P.C.

          The Hon’ble Apex Court observed as under:

                                  “16. 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 v. State of Bihar [(2022) 6 SCC
                                  599], this Court had occasion to deal with a
                                  similar situation where the High Court had
                                  refused [Mohd. Ikram v. State of Bihar, 2019
                                  SCC OnLine Pat 1985] to quash an FIR
                                  registered for various offences, including
                                  Section 498-AIPC. 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 498-AIPC 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
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                                  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
                                  acquittal, would inflict severe scars upon the
                                  accused and such an exercise ought to be
                                  discouraged.
                                                xxxx xxxx xxxx
                                  19. Of more recent origin is the decision of
                                  this Court in Mahmood Ali v. State of U.P.
                                  [(2023) 15 SCC 488] on the legal principles
                                  applicable apropos Section 482 CrPC.
                                  Therein, it was observed that when an
                                  accused comes before the High Court,
                                  invoking either the inherent power under
                                  Section 482 CrPC 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.”

                       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:
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                                  “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 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 consideration of the factual matrix of the

          present case, it emerges that the marriage between O.P. No.2

          and the co-accused Ashutosh Kumar was solemnized in the year

          2009 and disputes arose thereafter, primarily between the

          husband and wife. The core allegations in the F.I.R. relate to
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          alleged cruelty and the second marriage of the husband, which

          are specifically attributable to him. So far as the present

          petitioner is concerned, the allegations are general in nature

          without any specific instance of cruelty or overt act. It further

          appears that the petitioner has been residing separately and has

          no direct role in the day-to-day matrimonial affairs of the

          couple. It is also significant that on earlier occasion, on similar

          allegations, the order of cognizance was quashed by this Court,

          which lends support to the contention that the present

          prosecution qua the petitioner, lacks substantive foundation and

          appears to have been instituted in continuation of the

          matrimonial discord rather than on the basis of specific criminal

          conduct of the present petitioner.

                       13. In view of the discussions made hereinabove and

          considering the nature of allegations as well as the materials

          available on record, this Court is of the opinion that no prima

          facie case is made out against the petitioner for the offences

          alleged. Continuation of the criminal proceeding against the

          petitioner would, therefore, amount to abuse of the process of

          the Court and would not serve the ends of justice. Therefore, the

          impugned order taking cognizance dated 25.07.2015 qua the

          present petitioner, is fit to be quashed.
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                                     14.    Consequently,        the     impugned   order   dated

                        25.07.2015 passed in connection with Rupaspur P.S. Case No.70

                        of 2015, corresponding to Trial No.798 of 2015, pending in the

                        court of learned A.C.J.M.-I, Danapur, is hereby quashed so far

                        as the present petitioner is concerned.

                                     15. Resultantly, the entire criminal proceeding against

                        the petitioner in the aforesaid case stands set aside.

                                     16. Accordingly, the present Criminal Miscellaneous

                        Application stands allowed to the aforesaid extent.

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

                        Court concerned forthwith for information and necessary

                        compliance.



                                                (Sunil Dutta Mishra, J)
Ritik/-

U         T


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