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Patna High Court

Shashikant SinghversusThe State of Bihar

Decided
Disposal
DISPOSED

Holding

The court quashed the FIR and proceedings against the father‑in‑law, mother‑in‑law and sister‑in‑law, but dismissed the application against the husband due to specific dowry‑related allegations.

Summary

The petitioners, comprising a husband, his in‑laws and a sister‑in‑law, sought to quash the order rejecting their discharge application under Section 239 CrPC in a dowry harassment case filed under Sections 498A and 34 IPC and Sections 3 and 4 of the Dowry Prohibition Act. They contended that the allegations against the in‑laws were vague, omnibus and fabricated, arising from a matrimonial dispute after the wife left the matrimonial home. The court examined the Supreme Court’s decision in Dara Lakshmi Narayana v. State of Bihar, which cautions against prosecuting family members without specific allegations. It held that the FIR and proceedings against the father‑in‑law, mother‑in‑law and sister‑in‑law were an abuse of process and quashed them, while finding specific dowry‑related allegations against the husband sufficient to reject his application. Consequently, the order rejecting the discharge petition was set aside for the three family members, but the application concerning the husband was dismissed.

Issues considered

  • Whether the FIR and charges under Sections 498A, 34 IPC and the Dowry Prohibition Act against the petitioners' in‑laws can stand on general and omnibus allegations.
  • Whether the discharge application under Section 239 CrPC should be allowed in view of the alleged lack of specific evidence.
  • Whether specific allegations against the husband justify continuation of the criminal proceedings.

Legislation cited

Subjects

  • Dowry harassment
  • Section 498A
  • Abuse of process
  • General allegations
  • Discharge petition
  • Matrimonial dispute
  • Quashing FIR
  • Family liability

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL MISCELLANEOUS No.40624 of 2024

          Arising Out of PS. Case No.-202 Year-2018 Thana- MAHILA P.S. District- Patna
     ======================================================
1.   Shashikant Singh Son of Ram Suresh Singh, R/o Village - LF/46, Shri
     Krishnapuri, Boring Road, P.O. - B.C. Road, P.S. - Budda Colony, Distt. -
     Patna.
2.   Ram Suresh Singh, Son of Late Tulsi Singh, R/o Village - LF/46, Shri
     Krishnapuri, Boring Road, P.O. - B.C. Road, P.S. - Budda Colony, Distt. -
     Patna.
3.   Naina Singh, Wife of Ram Suresh Singh, R/o Village - LF/46, Shri
     Krishnapuri, Boring Road, P.O. - B.C. Road, P.S. - Budda Colony, Distt. -
     Patna.
4.   Shyamli Kumari, Daughter of Ram Suresh Singh, R/o Village – LF/46, Shri
     Krishnapuri, Boring Road, P.O. - B.C. Road, P.S. - Budda Colony, Distt. -
     Patna.


                                                                        ... ... Petitioner/s
                                            Versus
1.   The State of Bihar.
2.   Ram Rekha Singh, Son of Late Ramraksha Singh Village- Road No. 24,
     Rajeev Nagar, P.O. - Keshari Nagar, P.S. - Rajiv Nagar, Distt. - Patna -
     800024.


                                                                  ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s    :        Mr. Kaushal Kumar Jha, Sr. Adv.
                                      Mr. Siddharth Aditya, Adv.
     For the O.P. No. 2      :        Mr. Sunil Kr. Sinha, Adv.
                                      Mr. Ranjeet Patel, Adv.
                                      Mr. Shivendra Kr. Sinha, Adv.
     For the State           :        Mr. Humayou Ahmad Khan, APP
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE SOURENDRA PANDEY
Patna High Court CR. MISC. No.40624 of 2024 dt.05-02-2026
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       ORAL JUDGMENT
       Date : 05-02-2026

                         Heard the learned counsels for the parties.

                         2. This is an application seeking quashing of the

         order dated 01.04.2024 passed by the Court of learned Sub-

         Divisional Judicial Magistrate, Patna, in connection with Mahila

         P.S. Case No. 202 of 2018 (G.R. No. 8944/2018) registered for

         the offences under Sections 498(A) and 34 of the Indian Penal

         Code (in short the I.P.C.) and Sections 3 & 4 of the Dowry

         Prohibition Act, 1961, whereby the discharge petition filed on

         behalf of the petitioners under Section 239 of the Code of

         Criminal Procedure, 1973 (in short the Cr.P.C.) has been

         rejected.

                         3. The prosecution case is to the effect that the

         informant/opposite party No. 2 has alleged that his daughter was

         suffering from some disability in her left leg and he had given

         an advertisement in order to find a suitable groom stating the

         aforesaid fact and after seeing the same, the petitioner No. 2,

         namely, Ram Suresh Singh, contacted the informant/opposite

         party No. 2 for marriage of his son. It is further alleged that a

         car, in the name of the informant’s (O.P. No. 2) daughter, along

         with other items were given as gifts in the marriage and despite

         such gifts being given, the daughter of the informant/opposite
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         party No. 2 was being regularly taunted for certain things and

         also with regard to her disability. It has lastly been alleged that

         the daughter of the informant/opposite party No. 2 was ill-

         treated and was also threatened that divorce shall be given and

         the petitioners were also demanding Rs. 50,00,000/- from the

         informant/opposite party No. 2.

                         4. Mr. Kaushal Kumar Jha, the learned Senior

         Advocate appearing on behalf of the petitioners has submitted

         that the allegations against all the petitioners are concocted and

         no such demand of dowry or torture was ever committed by the

         petitioners. It has been submitted that, in fact, the petitioners

         were cheated by the informant/opposite party No. 2 as the

         disability of his daughter was never disclosed in the

         advertisement nor they were told about her physical disability.

         It has further been submitted that the daughter of the

         informant/opposite party No. 2, who left the house of the

         petitioners in the year 2016, had gone to her parents’ house

         without giving any reasonable cause for the same. It has next

         been submitted that after waiting for return of informant’s

         daughter for almost two years, the petitioner No. 1, namely,

         Shashikant Singh, has preferred a matrimonial case, bearing

         Matrimonial Case No. 1206 of 2018, seeking dissolution of
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         marriage and it was only upon filing of such matrimonial case

         that the informant/opposite party No. 2 has lodged the present

         F.I.R. on 19.12.2018 against the petitioners on false and

         fabricated grounds.

                         5. The learned Senior Advocate appearing for the

         petitioners has submitted that during the course of trial, the

         petitioners filed an application for discharge on various grounds,

         especially the fact that there is no ingredients of the offences

         under Sections 498(A) and 34 of the I.P.C. against them. It has

         also been pleaded that no independent witnesses have been

         examined during the course of investigation in support of the

         case of the prosecution and, therefore, proceeding ahead on such

         vague and baseless statements and thus the framing of charge

         would not be proper. It has further been submitted that without

         going into the evidence, the Court of learned Sub-Divisional

         Judicial Magistrate, Patna rejected the discharge petition filed

         on behalf of the petitioners by the impugned order dated

         01.04.2024.

                         6. It has been submitted on behalf of the petitioners

         that the petitioner No. 1, namely, Shashikant Singh, is the

         husband of the daughter of the informant/opposite party No. 2,

         whereas the petitioner Nos. 2 and 3, namely, Ram Suresh Singh
Patna High Court CR. MISC. No.40624 of 2024 dt.05-02-2026
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         and Naina Singh, are the father-in-law and mother-in-law of the

         informant’s daughter respectively and they are old aged persons.

         It has been submitted that the petitioner No. 4, namely, Shyamli

         Kumari, is the married Nanad of the daughter of the

         informant/opposite party No. 2 and is a teacher at Sant Karen’s

         High School and is living separately along with her husband.

                         7. The learned Senior Advocate has submitted that

         from the perusal of the F.I.R., it would be evident that there is

         general and omnibus allegations leveled against the petitioners

         with the use of the following words :

                                           “esjh iq=h dks mijksDr O;fDr;ksa nokjk fd;s tk jgs

                                 izrkMuk ds dkj.k esjh csVh xEHkhj volkn ls xqtj jgh gSA’’


                         8. It has, thus, been submitted that there is general

         and omnibus nature of allegations against all the petitioners

         without giving specific details and, therefore, continuation of

         the case against the petitioners would amount to abuse of the

         process of law.

                         9. The learned counsel appearing on behalf of the

         informant/opposite party No. 2 as also the learned Addl. Public

         Prosecutor for the State have vehemently opposed the prayer

         made in the present application and have stated that there is

         allegations upon all the petitioners of demanding dowry as well
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         as torture to the daughter of the informant/opposite party No. 2.

         It has been submitted that there is sufficient material available

         on record and as such, the learned Court had earlier taken

         cognizance and the application under Section 239 Cr.P.C.

         seeking discharge has rightly been dismissed as there is enough

         material on the record to suggest that the petitioners were

         involved in the offence as alleged and, therefore, they should

         faced the trial.

                         10. After having heard the learned counsels for the

         parties at length and having perused the specific pleadings

         including the counter affidavit, it is clear that the marriage of the

         daughter of the informant/opposite party No. 2 with petitioner

         No. 1, namely, Shashikant Singh, was solemnized in the year

         2016 and within two years of such marriage, the petitioner No. 1

         had filed a case for a decree of divorce. From the perusal of the

         F.I.R., it is very clear that general and omnibus allegations have

         been leveled against all the petitioners, especially the petitioner

         Nos. 2, 3 and 4, who happens to be the father-in-law, mother-in-

         law and the sister-in-law (Nanad) of the daughter of the

         informant/opposite party No. 2.

                         11. It is a settled principle of law as decided by the

         Hon’ble Supreme Court in the case of Dara Lakshmi Narayana
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         Vs. State of Bihar, reported in (2025) 3 SCC 735, where, in

         paragraphs 27, 30 and 31, it has been observed 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. We say so for the reason
                                that while the complainant/respondent No.2 has
                                made vague and omnibus allegations against the
                                accused/appellant herein, she has failed to justify
                                the same before this Court. Such actions would
                                create significant divisions and distrust among
                                people, while also placing an unnecessary strain on
                                the judicial system, particularly criminal courts.
                                          30. The inclusion of Section 498A of the
                                IPC by 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 498A of the IPC as a
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                                tool for unleashing personal vendetta against the
                                husband and his family by a wife. Making vague and
                                generalised       allegations   during     matrimonial
                                conflicts, if not scrutinized, 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 498A
                                of the 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.
                                          31. We are not, for a moment, stating that
                                any woman who has suffered cruelty in terms of
                                what has been contemplated under Section 498A of
                                the 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 498A of the 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 or valuable security in the form of dowry.
                                However, sometimes it is misused as in the present
                                case.”


                         12. From the aforesaid judgment, it is clear that the
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         naming of each and every members of the family with general

         and omnibus allegations has been deprecated by the Hon’ble

         Supreme Court and, therefore, in view of such settled law, the

         criminal proceedings initiated against the petitioner Nos. 2, 3

         and 4, namely, Ram Suresh Singh (father-in-law), Naina Singh

         (mother-in-law) and Shyamli Kumari (sister-in-law/Nanad)

         respectively, would amount to abuse of the process of law.

                         13. Thus, in view of the facts afore-stated, the

         present application with respect to petitioner Nos. 2, 3 and 4,

         above-named, stands allowed and the impugned order dated

         01.04.2024, referred to above, with respect to them, is set aside.

         Consequently, the F.I.R. of Mahila P.S. Case No. 202 of 2018

         (G.R. No. 8944/2018), dated 19.12.2018, and all consequent

         proceedings initiated pursuant thereto with respect to petitioner

         Nos. 2, 3 and 4, above-named, stand quashed.

                         14. So far as the application with respect to

         petitioner No. 1, namely, Shashikant Singh, is concerned, since

         there is specific allegations upon him with regard to demand of

         car and also receiving certain items of his liking, this Court is

         not inclined to entertain the same. Accordingly, the application

         with respect to petitioner No. 1, above-named, stands dismissed.

                         15. The application stands disposed off accordingly.
              Patna High Court CR. MISC. No.40624 of 2024 dt.05-02-2026
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                                       16. Interlocutory application(s), if any, also stands

                       disposed off.



                                                             (Sourendra Pandey, J)
Praveen-II/-
AFR/NAFR                 NAFR
CAV DATE                 N/A
Uploading Date           06.02.2026
Transmission Date        06.02.2026


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