Patna High Court

Jamil Ahmad and OrsversusState Of Bihar and Anr

Decided: 1 May 2026
Disposal: ALLOWED
Bench: SUNIL DUTTA MISHRA

Holding

The order of cognizance against the petitioners is unsustainable and is quashed under Section 482 CrPC.

Summary

The wife (OP No.2) filed a complaint alleging dowry demand for a Bolero vehicle, cruelty, assault and attempted poisoning by her husband and his family. The Sub‑Divisional Judicial Magistrate took cognizance under Section 498A IPC and Section 4 of the Dowry Prohibition Act against the husband and his relatives (the petitioners). The petitioners filed an application under Section 482 CrPC seeking quash of the cognizance order, contending that the allegations against them were vague, omnibus and lacked specific acts. The High Court examined the complaint, statements and witness testimony and found that the core dowry demand was directed at the husband, while the petitioners were implicated only in general terms without any particular act. Relying on Supreme Court precedents that prohibit misuse of Section 498A in matrimonial disputes, the Court held that proceeding against the petitioners would be an abuse of process and quashed the order of cognizance as it pertained to them.

Issues considered

Whether the order of cognizance under Section 498A IPC and Section 4 Dowry Prohibition Act against the petitioners can be quashed under the inherent jurisdiction of Section 482 CrPC.
Whether the allegations in the complaint disclose a prima facie case against the petitioners.
Whether continuation of the criminal proceedings would amount to abuse of the process of the Court.

Legislation cited

Code of Criminal Procedure, 1973 — s. 482
Dowry Prohibition Act, 1961 — s. 4
Indian Penal Code — s. 498A

Subjects

dowry harassment
Section 498A
quash of criminal proceedings
inherent jurisdiction
abuse of process
matrimonial dispute
vague allegations

Judgment

IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.3371 of 2018
Arising Out of PS. Case No.-2425 Year-2015 Thana- WEST CHAMPARAN COMPLAINT
District- West Champaran
======================================================
1. Jamil Ahmad Son of Late Saharuddin, Resident of Village Telpur, P.S.
Lauriya, District West Champaran.
2. Junaid Ahmad @ Junaid Alam Son of Late Sheikh Bari, Resident of Village
Bagahi Deoraj, P.S. Lauriya, District West Champaran.
3. Husne Ara Khatoon @ Husne Ara Begum Wife of Junaid Ahmad, Daughter
of Jamil Amhad.
4. Roshan Ara Daughter of Jamil Ahmad, Wife of Md. Faiyaz,
Both Resident of Village-Manguraha, P.S. Ramnagar, District West
Champaran.

... ... Petitioner/s
Versus

1. The State of Bihar.
2. Hena Shabnam Wife of Aurangzeb, Daughter of Farmood Alam, Resident of
Village- Bagahi Deoraj, P.S. Lauriya, District West Champaran.

... ... Opposite Party/s
======================================================
Appearance :
For the Petitioner/s : Mr. Umesh Chandra Verma, Advocate.
For the Opposite Party/s : Mr. Gauri Shankar Gupta, A.P.P.
======================================================
CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
ORAL ORDER

9 01-05-2026 1. Heard learned counsel for the petitioners as well as

learned APP for the State.

2. The present application has been filed under

Section 482 of the Code of Criminal Procedure, 1973 invoking

the inherent jurisdiction of this Court for quashing the order

dated 10.03.2016 passed in Complaint Case No. 2425 C of 2015

(S.C. No. 985 of 2016) by the learned Sub-Divisional Judicial

Magistrate, Bettiah, West Champaran (hereinafter referred to as
Patna High Court CR. MISC. No.3371 of 2018(9) dt.01-05-2026
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‘Magistrate’), wherein the learned Magistrate took cognizance

of the offences punishable under Section 498A of the Indian

Penal Code and under Section 4 of the Dowry Prohibition Act,

1961 against the petitioners herein, who are in-laws of the O.P.

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

3. Brief facts of the case, as emerging from the record,

are that O.P. No. 2 filed Complaint Case No. 2425 C of 2015 on

28.10.2015 before the Court of learned Chief Judicial

Magistrate, Bettiah, alleging that she was married to Aurangzeb

(co-accused) on 14.03.2012 and, after some time of the

marriage, she was subjected to cruelty on account of demand of

dowry, particularly a Bolero vehicle. It has been alleged that

upon failure of her parental side to meet the said demand, she

was subjected to physical and mental torture by her husband and

his family members. Further allegation is that certain amounts

were forcibly taken from her side and she was threatened with

dire consequences, including remarriage of her husband. It is

further alleged that on 27.10.2015, at about 8:00 A.M., she was

assaulted by the accused persons and an attempt was made to

administer poison to her, which she somehow resisted, and

thereafter she was ousted from her matrimonial home along

with her children.
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4. Upon perusal of the materials available on record,

including the complaint petition, the statement of O.P. No. 2

recorded on solemn affirmation and the statements of the

inquiry witnesses, the learned Magistrate found a prima facie

case and accordingly took cognizance of the offences

punishable under Section 498A of the Indian Penal Code and

under Section 4 of the Dowry Prohibition Act against the

petitioners as well as the husband of O.P. No. 2, and summoned

them to face trial vide the impugned order dated 10.03.2016.

5. Aggrieved by the said impugned order of

cognizance dated 10.03.2016, the petitioners have preferred the

present application seeking quashing of the same by invoking

the inherent jurisdiction of this Court.

6. Learned counsel for the petitioners submits that the

impugned order of cognizance is wholly mechanical and has

been passed without proper application of judicial mind. It is

submitted that the petitioners, who are relatives of the husband,

have been roped in the present case on the basis of vague,

general and omnibus allegations without attributing any specific

overt act to them. Learned counsel further submits that no

concrete or specific instance of cruelty or demand of dowry has

been alleged against these petitioners, and the allegations made
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in the complaint petition are sweeping in nature, which do not

satisfy the essential ingredients of the offence under Section

498A of the Indian Penal Code or Section 4 of the Dowry

Prohibition Act.

7. Learned counsel for the petitioners further submits

that the continuation of the criminal proceeding against the

petitioners would amount to abuse of the process of the Court,

particularly when the dispute appears to be a matrimonial

discord which has been given a criminal colour with mala fide

intention. He submits that the married sisters-in-law and other

relatives have been unnecessarily implicated only to harass the

entire family. It is submitted that the present case squarely falls

within the parameters laid down by the Hon’ble Supreme Court

in State of Haryana and Ors. v. Bhajan Lal and Ors., reported

in 1992 Supp (1) SCC 335, and therefore, the impugned order is

liable to be quashed in exercise of inherent jurisdiction to secure

the ends of justice.

8. Learned APP for the State opposes the prayer for

quashing and submits that from the complaint petition and the

materials collected during inquiry, a prima facie case is made

out against the petitioners. He submits that the learned

Magistrate has rightly taken cognizance and, at this stage,
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interference under Section 482 Cr.P.C. is not warranted.

9. Despite valid service of notice and sufficient

opportunities having been granted, no one has appeared on

behalf of O.P. No. 2 to contest the present application, and the

matter is accordingly being considered in her absence.

10. Having considered the rival submissions and on

examination of the record, it is trite that the inherent jurisdiction

of this Court under Section 482 of the Code of Criminal

Procedure is to be invoked with great caution and only to

prevent abuse of the process of the Court or to secure the ends

of justice. At the stage of cognizance, the Court is required to

ascertain whether the allegations, taken at their face value,

disclose the commission of any offence and not to undertake a

detailed evaluation of the evidence or its reliability.

Nonetheless, where the allegations are general in nature, lack

specific particulars, or fail to constitute the essential ingredients

of the alleged offence, this Court would be justified in

exercising its inherent powers to quash such proceedings.

11. It is equally 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
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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.

12. 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
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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
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
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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.”

13. The Hon’ble Supreme Court in Achin Gupta v.

State of Haryana and Anr., reported in (2025) 3 SCC 756 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 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
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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)

14. Upon careful examination of the complaint

petition, the statement of O.P. No. 2 on solemn affirmation and

the statements of the inquiry witnesses, it appears that the core

allegation of demand of dowry, particularly the demand of a

Bolero vehicle, is primarily directed against the husband. So far

as the present petitioners are concerned, the allegations are

largely general, omnibus and sweeping in nature without

specifying any particular date, time or specific overt act

attributable to each of them. The materials on record do not

disclose any distinct role played by these petitioners so as to

prima facie constitute the ingredients of the alleged offences

against them.

15. It further transpires that petitioner nos. 3 and 4 are

sisters-in-law residing separately, and petitioner no. 2 is the

brother-in-law (bahnoi), who does not ordinarily share the same

household, thereby making their direct involvement in the
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alleged day-to-day acts of cruelty inherently doubtful. The

allegations regarding assault and attempt to administer poison

also lack specific attribution against the individual petitioners

and appear to be exaggerated and generalized. In such

circumstances, the implication of all the family members, in

absence of specific allegations, indicates a tendency to rope in

the entire family, which casts serious doubt on the sustainability

of the criminal proceeding against these petitioners.

16. It is well settled that the inherent jurisdiction of

the High Court under Section 482 Cr.P.C. is to be exercised to

prevent abuse of the process of the Court and to secure the ends

of justice. In Bhajan Lal (supra), the Hon’ble Supreme Court

has laid down illustrative categories wherein criminal

proceedings can be quashed, including cases where the

allegations made in the complaint, even if taken at their face

value, do not constitute any offence or where the proceedings

are manifestly attended with mala fide and instituted with an

ulterior motive for wreaking vengeance. The present case, in the

considered opinion of this Court, falls within the said

parameters inasmuch as the allegations against the petitioners

are vague and omnibus without any specific material to proceed

against them.
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17. Accordingly, in view of the discussions made

hereinabove and having regard to the facts and circumstances of

the case as well as the settled legal position, this Court is of the

considered opinion that the continuation of the criminal

proceeding against the present petitioners would amount to

abuse of the process of the Court. The impugned order of

cognizance dated 10.03.2016, so far as it relates to the

petitioners, is not sustainable in the eyes of law and is, therefore,

liable to be quashed.

18. Resultantly, the impugned order dated 10.03.2016

passed in Complaint Case No. 2425 C of 2015 (S.C. No. 985 of

2016) by the learned Sub-Divisional Judicial Magistrate,

Bettiah, West Champaran, is hereby quashed so far as the

present petitioners are concerned.

19. The present Criminal Miscellaneous Application,

accordingly, stands allowed.

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

Court concerned forthwith for needful.

(Sunil Dutta Mishra, J)
Ritik/-

U T

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