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Patna High Court

Parchi Khatoon @ Marchi Khatoon @ Shamila KhatoonversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The High Court quashed the order taking cognizance and the criminal proceedings against the petitioners as they were based on vague, general allegations and amounted to an abuse of process.

Summary

The petitioners, who are in‑laws of the complainant, sought quash of the trial court’s order taking cognizance against them under Sections 341, 323, 498A IPC and Sections 3 and 4 of the Dowry Prohibition Act. The complainant alleged physical and mental cruelty, dowry demand and assault, but the FIR contained only vague, general accusations against the petitioners with no specific act, date or place. The petitioners argued that they were falsely implicated, that earlier proceedings had addressed only lesser offences, and that the present FIR was an abuse of process and amounted to double jeopardy. The Court examined the Supreme Court’s decision in Maram Nirmala and other precedents, emphasizing that relatives of a husband cannot be prosecuted on sweeping allegations without concrete evidence. Finding the allegations against the petitioners to be vague, contradictory and unsupported, the Court held that continuing the prosecution would be an abuse of the court’s process. Consequently, the order taking cognizance and the entire criminal proceeding against the petitioners were quashed.

Issues considered

  • Whether the trial court’s order taking cognizance against the petitioners can be quashed on the ground of vague, omnibus allegations without specific participation.
  • Whether proceeding against the petitioners amounts to abuse of process and violates the principle of double jeopardy.
  • Whether the High Court can exercise its inherent powers under Section 482 CrPC to quash such proceedings.
  • Whether relatives of a husband may be prosecuted under Section 498A IPC and the Dowry Prohibition Act absent specific allegations of active involvement.

Legislation cited

Subjects

  • dowry harassment
  • section 498A
  • matrimonial dispute
  • quash order
  • abuse of process
  • in‑laws liability
  • vague allegations
  • Section 482 CrPC

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.32128 of 2018
                  Arising Out of PS. Case No.-146 Year-2017 Thana- SRINAGAR District- West Champaran
                 ======================================================
           1.     Parchi Khatoon @ Marchi Khatoon @ Shamila Khatoon, Wife of Mainuddin
                  Gaddi, R/o Vill.- Pujara Patjirwa, P.S.- Srinagar Pujaha, District- West
                  Champaran.
           2.    Chhotelal Gaddi, Son of Nageshwar Gaddi, R/o Vill.- Pujara Patjirwa, P.S.-
                 Srinagar Pujaha, District- West Champaran.
           3.    Sabrun Khatoon, Wife of Chhotelal Gaddi, R/o Vill.- Pujara Patjirwa, P.S.-
                 Srinagar Pujaha, District- West Champaran.
           4.    Nehal Gaddi, Son of Chhotelal Gaddi, R/o Vill.- Pujara Patjirwa, P.S.-
                 Srinagar Pujaha, District- West Champaran.
           5.    Nasib Gaddi @ Nisib Gaddi, Son of Dhunmun Gaddi, R/o Vill.- Pujara
                 Patjirwa, P.S.- Srinagar Pujaha, District- West Champaran.

                                                                                  ... ... Petitioner/s
                                                       Versus
           1.    The State of Bihar
           2.    Shayara Khaton W/o Sarfuddin Gaddi, D/o Aliraj Gadi, R/o Vill.- Pujaha
                 Patjirwa, Gadiyani Tola, P.S.- Srinagar Pujaha0, District- West Champaran,
                 at present Vill.- Khap Tola, P.S.- Srinagar, District- West Champaran.

                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Bimlesh Kumar Pandey, Advocate
                 For the State           :        Mr. Ram Sevak Choudhary, APP
                 For the O.P. No. 2      :        Mr. Mithilesh Kumar, Advocate
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                       ORAL ORDER

6   05-05-2026                   1. Heard learned counsel for the parties as well as

                   learned APP for the State.

                                 2. The present application has been filed for quashing

                   of the order dated 05.01.2018 (hereinafter referred to as

                   ‘Impugned Order’) passed by the learned J.M., 1st Class,

                   Bettiah, West Champaran (hereinafter referred to as ‘Trial

                   Court’) in Trial No. 3920 of 2018 arising out of Srinagar
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          (Pujaha) P.S. Case No. 146 of 2017, whereby cognizance has

          been taken for the offences under Sections 341, 323, 498A of

          the Indian Penal Code, 1860 (hereinafter referred to as ‘I.P.C’)

          and Sections 3 and 4 of the Dowry Prohibition Act, 1961

          (hereinafter referred to as ‘D.P. Act’) against accused persons

          including petitioners and directed issuance of summons against

          them.

                       3. The prosecution case, in brief, is that the marriage

          of the informant (O.P. No. 2) was solemnized with accused

          Sarfuddin Gaddi and out of the wedlock she was blessed with

          four children. It is alleged that after three years of marriage, her

          husband and his family members, including the present

          petitioners, started subjecting her to physical and mental cruelty

          and assaulted for demand of dowry and ultimately driven her out

          along with her children. Her belongings and articles were also

          allegedly snatched by the accused persons. On the basis of

          above allegation, O.P. No. 2 has lodged a complaint before

          S.H.O, Srinagar P.S, which got registered on 16.10.2017 as an

          F.I.R bearing Srinagar (Pujaha) P.S. Case No. 146 of 2017.

          Upon completion of investigation, I.O submitted the charge-

          sheet against accused person including the petitioners herein for

          the offences under Sections 341, 323, 498A of the I.P.C and
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          Sections 3 and 4 of D.P. Act.

                       4. Upon perusing the F.I.R., charge-sheet and the

          materials available in the case diary, the learned Trial Court, on

          finding prima facie case, took cognizance against the accused

          persons including petitioners herein for the offences under

          Sections 341, 323, 498A of I.P.C and Sections 3 and 4 of D.P.

          Act and directed issuance of summons against the accused

          persons including the present petitioners vide impugned order.

          Aggrieved thereby, petitioners herein have preferred this present

          Criminal Miscellaneous Application.

                       5. Learned counsel for the petitioners submits that the

          petitioners have falsely been implicated in the present case due

          to matrimonial discord and with an ulterior motive to harass the

          entire family of the husband. Learned counsel of petitioners

          further submits that petitioner no. 1 is Gotni, petitioner no. 2 is

          Nandosi, petitioner no. 3 is the Nanad, petitioner no. 4 is

          Nephew and petitioner no. 5 is cousin of husband of O.P. No.2.

          They are living separately and have no concern with the day-to-

          day matrimonial affairs of O.P. No. 2 and her husband. Learned

          counsel further submits that from bare perusal of the F.I.R., no

          specific overt act or distinct role has been attributed to the

          present petitioners and the allegations made against them are
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          vague, omnibus and general in nature. No specific demand of

          dowry, date, place or particular incident has been disclosed in

          the F.I.R. so as to constitute the alleged offences. The petitioners

          have neither demanded any dowry nor subjected the informant

          to cruelty as alleged.

                       6. Learned counsel further submits that prior to the

          present case, the O.P. No. 2 had already instituted Complaint

          Case No. 850 (C) of 2017 dated 17.05.2017 against the same set

          of accused persons for the same allegations, wherein the learned

          C.J.M, Bettiah, after inquiry, found only offences under Sections

          323 and 504 I.P.C. to be made out and issued process

          accordingly vide order dated 07.09.2017. Learned counsel

          further submits that after finding that cognizance was taken for

          lesser offences, O.P. No. 2 maliciously instituted the present

          F.I.R. on 16.10.2017 with exaggerated allegations under Section

          498A I.P.C. and the Dowry Prohibition Act, which is nothing but

          an abuse of the process of law and hit by the principle of double

          jeopardy.      He     further     submits      that   there   are   material

          contradictions in the allegations, inasmuch as in the earlier

          complaint O.P. No. 2 stated that she lived peacefully in her

          matrimonial home for about 15 years and was blessed with four

          children, whereas in the present F.I.R. it is alleged that cruelty
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          started after three years of marriage. Such contradictory stands

          clearly show falsity and mala fide behind the prosecution.

          Learned counsel has placed reliance upon judgment of Hon’ble

          Supreme Court in Maram Nirmala & Anr. v. The State of

          Telangana & Anr. reported in 2025 SCC OnLine SC 2913 and

          judgment of Co-ordinate Bench of this court in Md. Nausad

          Khan & Ors. v. State of Bihar & Anr. reported in 2023 SCC

          OnLine Pat 9587, wherein it was held that criminal proceedings

          are not allowed to continue on the basis of vague, omnibus and

          general allegations against the relatives of the husband in

          matrimonial offences. It is thus submitted that the learned Trial

          Court has passed the impugned order in a mechanical manner

          without proper application of judicial mind and continuance of

          the criminal proceeding against the petitioners would amount to

          abuse of the process of the Court; hence, the order taking

          cognizance is fit to be quashed.

                       7. Learned counsel for O.P. No. 2 conceded the fact

          that petitioners are in-laws of the informant/O.P. No.2 against

          whom there is no specific allegations. Father-in-law and mother-

          in-law of the informant who were made accused in this case

          have already died. He also conceded that the informant had filed

          complaint case bearing Complaint Case No. 850 (C) of 2017
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          against the accused persons under Sections 498A, 406, and 323

          I.P.C. in which the learned Trial Court has taken cognizance

          under Section 323 and 504 I.P.C.

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

          A.P.P. for the State submit that in view of the facts and

          circumstances of the case, the appropriate order may be passed.

                       9. Having heard the learned counsel for the parties as

          well as the learned A.P.P. for the State and upon perusal of the

          materials available on record, it appears that the marriage of O.

          P. No. 2 was solemnized with accused Sarfuddin Gaddi and out

          of the wedlock four children were born. It is alleged that after

          about three years of marriage, her husband and his family

          members including the present petitioners started subjecting her

          to cruelty and assault on account of demand of dowry and

          ultimately she was driven out from her matrimonial home along

          with her children after her belongings were snatched.

          Subsequently, on the basis of available records, learned Trial

          Court, took cognizance and directed issuance of summons

          against accused persons including petitioner herein vide

          impugned order. The main lis before this court is as to “whether

          the impugned order requires intervention of this court in

          exercise of inherent jurisdiction.”
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                       10. The Hon’ble Supreme Court in Maram Nirmala

          (supra) has explained the implication of implicating relatives of

          husband in matrimonial offences and has held as under:

                                  “17.This Court speaking through one of us
                                  (B.V. Nagarathna, J.) in Dara Lakshmi
                                  Narayana, while dealing with the issue of
                                  quashing of criminal proceedings instituted
                                  by the respondent wife therein against her
                                  husband and in-laws who were charged with
                                  offences punishable under Sections 498A of
                                  the IPC and Sections 3 and 4 of the DP Act,
                                  1961, held as follows:
                                  “27. A mere reference to the names of family
                                  members in a criminal case arising out of a
                                  matrimonial dispute, without specific
                                  allegations       indicating   their     active
                                  involvement should be nipped in the bud. It
                                  is a well-recognised fact, borne out of
                                  judicial experience, that there is often a
                                  tendency to implicate all the members of the
                                  husband's family when domestic disputes
                                  arise out of a matrimonial discord. Such
                                  generalised and sweeping accusations
                                  unsupported by concrete evidence or
                                  particularised allegations cannot form the
                                  basis for criminal prosecution. Courts must
                                  exercise caution in such cases to prevent
                                  misuse of legal provisions and the legal
                                  process and avoid unnecessary harassment
                                  of innocent family members. In the present
                                  case, Appellants 2 to 6, who are the members
                                  of the family of Appellant 1 have been living
                                  in different cities and have not resided in the
                                  matrimonial house of Appellant 1 and
                                  Respondent 2 herein. Hence, they cannot be
                                  dragged into criminal prosecution and the
                                  same would be an abuse of the process of the
                                  law in the absence of specific allegations
                                  made against each of them.
                                                         xxx
                                  30. The inclusion of Section 498-A IPC by
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                                  way of an amendment was intended to curb
                                  cruelty inflicted on a woman by her husband
                                  and his family, ensuring swift intervention by
                                  the State. However, in recent years, as there
                                  have been a notable rise in matrimonial
                                  disputes across the country, accompanied by
                                  growing discord and tension within the
                                  institution of marriage, consequently, there
                                  has been a growing tendency to misuse
                                  provisions like Section 498-AIPC as a tool
                                  for unleashing personal vendetta against the
                                  husband and his family by a wife. Making
                                  vague and generalised allegations during
                                  matrimonial conflicts, if not scrutinised, will
                                  lead to the misuse of legal processes and an
                                  encouragement for use of arm twisting
                                  tactics by a wife and/or her family.
                                  Sometimes, recourse is taken to invoke
                                  Section 498-A IPC against the husband and
                                  his family in order to seek compliance with
                                  the unreasonable demands of a wife.
                                  Consequently, this Court has, time and
                                  again, cautioned against prosecuting the
                                  husband and his family in the absence of a
                                  clear prima facie case against them.
                                                        xxx
                                  31. We are not, for a moment, stating that
                                  any woman who has suffered cruelty in terms
                                  of what has been contemplated under
                                  Section 498-A IPC should remain silent and
                                  forbear herself from making a complaint or
                                  initiating any criminal proceeding. That is
                                  not the intention of our aforesaid
                                  observations but we should not encourage a
                                  case like as in the present one, where as a
                                  counterblast to the petition for dissolution of
                                  marriage sought by the first appellant,
                                  husband of the second respondent herein, a
                                  complaint under Section 498-A IPC is
                                  lodged by the latter. In fact, the insertion of
                                  the said provision is meant mainly for the
                                  protection of a woman who is subjected to
                                  cruelty in the matrimonial home primarily
                                  due to an unlawful demand for any property
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                                  or valuable security in the form of dowry.
                                  However, sometimes it is misused as in the
                                  present case.
                                                       xxx
                                  34. We, therefore, are of the opinion that the
                                  impugned FIR No. 82 of 2022 filed by
                                  Respondent 2 was initiated with ulterior
                                  motives to settle personal scores and
                                  grudges against Appellant 1 and his family
                                  members i.e. Appellants 2 to 6 herein.
                                  Hence, the present case at hand falls within
                                  Category (7) of illustrative parameters
                                  highlighted in Bhajan Lal [State of Haryana
                                  v. Bhajan Lal, 1992 Supp (1) SCC 335 :1992
                                  SCC (Cri) 426]. Therefore, the High Court,
                                  in the present case, erred in not exercising
                                  the powers available to it under Section
                                  482CrPC and thereby failed to prevent
                                  abuse of the Court's process by continuing
                                  the criminal prosecution against the
                                  appellants.”

                       11. In the present case, from perusal of the F.I.R., it

          appears that except general and omnibus allegations, no specific

          overt act has been attributed to the petitioners. No particular

          date, time, place or specific instance of demand of dowry has

          been disclosed against them.

                       12. The settled legal position in matrimonial disputes

          under Section 498A I.P.C. is that relatives of the husband should

          not be compelled to face criminal prosecution on the basis of

          vague, general and omnibus allegations without any specific

          role being attributed to them. Mere implication of all family

          members in a matrimonial dispute, particularly in-laws and
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          relatives living separately, without clear allegations of active

          participation in cruelty or dowry demand, amounts to misuse of

          the criminal process and warrants interference by the Court.

                       13. It further appears that prior to the present F.I.R.,

          O.P. No. 2 had already instituted Complaint Case No. 850(C) of

          2017 against the same set of accused persons on similar

          allegations, wherein cognizance was taken only for the minor

          offences under Sections 323 and 504 I.P.C. There is also

          contradiction in the stand of the informant, as in the earlier

          complaint she stated that she lived peacefully in her matrimonial

          home for about 15 years, whereas in the present F.I.R. she

          alleges that cruelty started after three years of marriage.

                       14. Considering the nature of allegations, absence of

          specific and distinct accusations against the petitioners, the

          contradictory stand taken by O.P. No. 2 in the earlier complaint

          and the present F.I.R., and the settled principle governing

          prosecution of relatives in matrimonial disputes, this Court finds

          that continuation of the criminal proceeding against the

          petitioners herein would amount to abuse of the process of the

          Court.

                       15. Resultantly, in view of the discussions made

          hereinabove, this court is of the considered opinion that the
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                      impugned order taking cognizance as well as the entire criminal

                      proceeding in connection with Trial No. 3920 of 2018 arising

                      out of Srinagar (Pujaha) P.S. Case No. 146 of 2017, qua

                      petitioners, are hereby quashed.

                                   16. The present Criminal Miscellaneous Application,

                      accordingly, stands allowed.

                                   17. Interim Order, if any, is vacated.

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

                      court concerned forthwith for information and necessary

                      compliance.



                                              (Sunil Dutta Mishra, J)
utkarsh/-

U       T


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