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Patna High Court

RAKESH SINGHversusThe State of Bihar

Decided
Disposal
ALLOWED
Bench
ANSUL

Holding

The Court held that the FIR lacks specific allegations against the petitioners and therefore the order taking cognizance against them is quashed.

Summary

The petitioners, who are the in‑laws of the complainant Priyanka Singh, filed applications to quash the order dated 23‑06‑2021 of the Sub‑Divisional Judicial Magistrate that had taken cognizance against them under Sections 498A, 341, 323, 504, 354(b), 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. The FIR alleged dowry demands, domestic violence and related offences but did not contain specific allegations of participation by the petitioners; they were merely named in a general manner. Relying on Supreme Court precedents that omnibus allegations against a husband’s relatives must be rejected, the Court examined whether the FIR disclosed the ingredients of the offences against the petitioners. Finding no clear role or specific acts attributable to them, the Court held that proceeding against them would be an abuse of process. Consequently, both applications were allowed and the magistrate’s order was quashed with respect to the petitioners.

Issues considered

  • What specific allegations, if any, are made against the petitioners (the husband’s relatives) in the FIR?
  • Whether the FIR discloses the ingredients of the offences under Sections 498A, 341, 323, 504, 354(b), 34 IPC and the Dowry Prohibition Act against the petitioners.
  • Whether the High Court can quash the proceedings under its inherent powers (Section 482 CrPC) on the ground of lack of specific allegations and abuse of process.

Legislation cited

Subjects

  • Dowry harassment
  • Domestic violence
  • Section 498A
  • Quash of FIR
  • Inherent powers of High Court
  • Abuse of process
  • In‑laws liability

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                 CRIMINAL MISCELLANEOUS No.32582 of 2023
        Arising Out of PS. Case No.-42 Year-2019 Thana- MAHILA P.S. District- Bhagalpur
     ======================================================
     RAKESH SINGH Son of Ram Suresh Singh Resident of village - Vibhuti
     Khand, P.S. - Vibhuti Khand, Lucknow, Distt. - Lucknow, Uttar Pradesh

                                                                       ... ... Petitioner/s
                                           Versus
1.   The State of Bihar Bihar
2.   Priyanka Singh D/o of Shri Vijay Prasad Singh Temporarily residing at C/o
     Shrawan Kumar, Manik Sarkar Ghat, Adampur, P.S. - Adampur, distt. -
     Bhagalpur and permanent resident of village and post office - Parbatta, Distt.
     - Khagaria

                                            ... ... Opposite Party/s
     ======================================================
                                             with
                CRIMINAL MISCELLANEOUS No. 15681 of 2023
        Arising Out of PS. Case No.-42 Year-2019 Thana- MAHILA P.S. District- Bhagalpur
     ======================================================
1.    SHANTI SINGH Wife of Ram Suresh Singh R/o Near Morning Glory
      School, Mahamanapuri Colony, Post Office- BHU PS- Lanka, Dist-
      Varanasi, Uttar Pradesh
2.   Vandana Chaudhary @ Vandana @ Vandana Singh Wife of Rakesh Singh
     R/o Vibhuti Khand, P.S- Vibhuti Khand, Lucknow, Dist- Lucknow, Uttar
     pradesh
3.   Maya Singh Wife of Vinay Singh R/o Salk Lake, P.S- Bidhan Nagar,
     Kolkata, Dist- Kolkata, West Bengal
4.   Ram Suresh Singh Son of Late Ram Poojan Singh R/o Near Morning Glory
     School, Mahamanapuri Colony, Post Office- BHU, PS- Lanka, Dist-
     Varanasi Uttar Pradesh
5.   Vinay Singh Son of Ram Suresh Singh R/o Salt Lake, PS- Bidhan Nagar,
     Kolkata, Dist- Kolkata, West Bengal

                                                                       ... ... Petitioner/s
                                           Versus
1.   The State of Bihar Bihar
2.   Priyanka Singh D/o Sri Vijay Prasad Singh Temporarily residing at C/o
     Shrawan Kumar, Manik Sarkar Ghat, Adampur, P.S- Adampur Dist-
     Bhagalpur and permanent R/V and Post office- Parbatta, Dist- Khagaria

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     (In CRIMINAL MISCELLANEOUS No. 32582 of 2023)
     For the Petitioner/s :  Mr. Sanjeev Kumar, Adv.
         Patna High Court CR. MISC. No.32582 of 2023(3) dt.30-03-2026
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                                                  Mr. Pravashankar Mishra, Adv.

                 For the Opposite Party/s : Mr.Narsingh Tanti
                 (In CRIMINAL MISCELLANEOUS No. 15681 of 2023)
                 For the Petitioner/s     : Mr. Sanjeev Kumar, Adv.
                                            Mr. Pravashankar Mishra, Adv.
                 For the Opposite Party/s : Mr.Pawan Kumar Chaurasia, APP
                 For the informant        : Mr. Dhananjay Kumar Pandey, Adv.
                 ======================================================
                 CORAM: HONOURABLE MR. JUSTICE ANSUL
                                       ORAL ORDER

3   30-03-2026                  Heard learned counsels for the petitioners and learned

                   APP for the State as also learned counsel for the informant/O.P.

                   No. 2.

                                2. Both these applications have been filed for

                   quashing the order dated 23-06-2021 passed by learned Sub

                   Divisional Judicial Magistrate, Bhagalpur in Mahila P.S. Case

                   No. 42 of 2019, G.R. No. 4266 of 2019 whereby and

                   whereunder, the learned Magistrate has taken cognizance

                   against the petitioners for the offence punishable under

                   Sections-498(A)/341/323/504/354(B)/34 of the Indian Penal

                   Code and ¾ of Dowry Prohibition Act.

                                3. The prosecution story in brief is that opposite party

                   no.2 was married to Alok Kumar Singh on 07.03.2011 as per

                   Hindu rites. A few days after marriage, her husband and in-laws

                   started abusing and torturing her. The opposite party no.2

                   tolerated all these to save her marriage. In the meantime, her

                   husband was transferred to Varanasi where she was put to insult.

                   Her husband spent more time with her Bhabhi as if, she is his
Patna High Court CR. MISC. No.32582 of 2023(3) dt.30-03-2026
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          wife. Her Bhaisur namely Rakesh Singh made advances by way

          of obscene comment and touch and used to threaten her to

          which the opposite party No. 2 tolerated. At times, she was

          subjected to humiliation and abjectness. Her husband shifted her

          to different house but the cruel behaviour of her husband

          remained the same. She was abused and meted out with

          violence by her husband.

                       4. The further story of the prosecution is that she was

          called by Mahila Thana at Varanasi on the basis of complaint of

          her husband. She was persuaded but his behaviour remained the

          same. Her Bhaisur Rakesh Singh asked her to give Rs.15 lakh as

          dowry and when her family members tried to convince, then her

          Bhaisur again demanded dowry threatening that if the demand

          of dowry is not fulfilled, her husband will marry to someone

          else. Her mother requested for conciliation and sought time for

          sale of land in order to pay the dowry. Another allegation was

          that on 20.06.2019, her husband has beaten her, for which she

          called her family members to take her to Bhagalpur. When she

          came to Bhagalpur then, she consulted the doctor. In order to

          save her marriage, she did not pursue the matter further but

          when her Bhaisur pressurized through local people then she

          came to know about divorce paper though she did not receive
Patna High Court CR. MISC. No.32582 of 2023(3) dt.30-03-2026
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          the same.

                       5. It has been submitted on behalf of the petitioners

          that in Cr. Misc. No. 15681 of 2023, the petitioner No. 1 is

          mother-in-law, petitioner Nos. 2 & 3 are sisters-in-law, the

          petitioner No. 4 is father-in-law whereas the petitioner No. 5 is

          brother-in-law of the informant/opposite party No. 2.

                       6. Learned counsel for the petitioners has relied upon

          a decision of Kahkashan Kausar @ Sonam vs the State of Bihar

          (2022), in which the Hon'ble Supreme Court observed as

          follows:--

                       "21. Here it must be borne in mind that although the

          two FIRs may constitute two independent instances, based on

          separate transactions, the present complaint fails to establish

          specific allegations against the in-laws of the Respondent wife.

          Allowing prosecution in the absence of clear allegations against

          the in-laws Appellants would simply result in an abure of the

          process of law.

                       22. Therefore, upon consideration of the relevant

          circumstances and in the absence of any specific role attributed

          to the accused appellants, it would be unjust if the Appellants

          are forced to go through the tribulations of a trial, i.e., general

          and omnibus allegations cannot manifest in a situation where
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          the relatives of the complainant's husband are forced to undergo

          trial. It has been highlighted by this court in varied instances,

          that a criminal trial leading to an eventual acquittal also inflicts

          severe scars upon the accused, and such an exercise must

          therefore be discouraged."

                       7. One another judgment has been relied upon i.e.

          Geeta Mehrotra & Anr. v/s State of U.P (2012), in which, the

          Hon'ble Supreme Court categorically observed:-"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 the experience that there is a tendency to

          involve the entire family members of the husband in the

          domestic quarrel taking place in a matrimonial dispute

          especially if it happens soon after the wedding.""But as the

          contents of the FIR does not disclose specific allegation against

          the brother and sister of the complainant's husband except

          casual reference of their names, it would not be just to direct

          them to go through protracted procedure by remanding for

          consideration of the matter all over again by the High Court and

          make the unmarried sister of the main accused and his elder

          brother to suffer the ordeal of a criminal case pending against
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          them specially when the FIR does not disclose ingredients of

          offence under Sections 498A/323/504/506, IPC and Sections 3/4

          of the Dowry Prohibition Act."

                       8. Learned counsel for the petitioners has also relied

          upon the judgment of Abhishek vs. State of Madhya Pradesh

          reported in [2023 SCC Online SC 1083). He has referred

          paragraph Nos. 13, 14 and 15 of the said judgment which are as

          follows:

                               “(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
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                               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
                               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
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                               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 comes before the High Court,
                               invoking either the inherent power under
                               Section 482 Cr. P.C. or the extraordinary
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                               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”.
                       9. Learned counsel for the informant has opposed the

          submissions of learned counsel for the petitioners saying that

          there are series of allegations against them and the prima facie

          case against them exists.

                       10. Reading of the F.I.R. would show that major

          allegation is against the husband and the other persons have
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                      been roped in the present case just to implicate the entire family

                      members. The Hon’ble Supreme Court on a number of

                      occasions has deprecated the general allegations and has

                      quashed the cases. There seems to be absolutely no objective

                      material to support the assetions.

                                   11. Having taken into considerations the submissions

                      advanced on behalf of the parties, I am of the view that this is a

                      fit case in which interference can be made.

                                   12. Accordingly, both these applications are allowed

                      and the order dated 23-06-2021 passed by learned Sub

                      Divisional Judicial Magistrate, Bhagalpur in Mahila P.S. Case

                      No. 42 of 2019, G.R. No. 4266 of 2019 whereby and

                      whereunder, the learned Magistrate has taken cognizance

                      against the petitioners for the offence punishable under

                      Sections-498(A)/341/323/504/354(B)/34 of the Indian Penal

                      Code and ¾ of Dowry Prohibition Act is quashed with respect

                      to the petitioners only.



                                                       (Ansul, J)
A.K.V.//-
U       T


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