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Patna High Court

RANI GUPTA @ KUWAR RANI GUPTAversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

In the absence of specific, proximate allegations, continuing criminal proceedings against family members under Section 498A is an abuse of process and the order taking cognizance must be quashed.

Summary

The petitioners – the mother‑in‑law, sister‑in‑law and brother‑in‑law of the complainant – filed an application to quash the order dated 10‑Oct‑2022 that took cognizance against them under Sections 341, 323, 354, 427, 498A, 506, 34 of the IPC and Sections 3 and 4 of the Dowry Prohibition Act. The FIR, filed by the complainant Anita Kumari, alleged dowry‑related harassment and torture but contained only general and omnibus accusations against the family members. The State and the opposite party opposed the quash petition, arguing that the charge‑sheet contained specific imputations. The Court examined precedents such as Kahkashan Kausar, Preeti Gupta, Dara Laxmi Narayana and others, noting that where allegations against relatives are vague and they do not reside with the complainant, proceeding against them amounts to an abuse of process. Applying this principle, the Court held that continuing the criminal proceedings would be unjust and quashed the order with respect to the petitioners. Consequently, the application for quashing was allowed.

Issues considered

  • Whether an order taking cognizance against family members under Section 498A based solely on general and omnibus allegations can be sustained.
  • Whether proceeding against relatives who have no specific, proximate involvement constitutes an abuse of the court process.
  • Whether the provisions of Section 498A may be invoked against family members not residing with the complainant.

Legislation cited

Subjects

  • Section 498A
  • Dowry Harassment
  • General and Omnibus Allegations
  • Quash Order
  • Abuse of Process
  • Family Members Liability
  • Criminal Procedure

Judgment

                      IN THE HIGH COURT OF JUDICATURE AT PATNA
                              CRIMINAL MISCELLANEOUS No.41165 of 2023
                      Arising Out of PS. Case No.-89 Year-2021 Thana- MAHILA P.S. District- Rohtas
                 ======================================================
           1.     Rani Gupta @ Kuwar Rani Gupta Wife Of Late Ashok Kumar Resident Of
                  Village- Khilanganj, Chaukhandi Path, Sasaram , Ps- Sasaram, Distt- Rohtas
           2.    Sadhna Devi @ Sadhna Kumari Daughter Of Late Ashok Kumar Resident
                 Of Village- Khilanganj, Chaukhandi Path, Sasaram , Ps- Sasaram, Distt-
                 Rohtas
           3.    Amit Kumar Son Of Late Ashok Kumar Resident Of Village- Khilanganj,
                 Chaukhandi Path, Sasaram , Ps- Sasaram, Distt- Rohtas



                                                                                    ... ... Petitioner/s
                                                        Versus
           1.    The State of Bihar
           2.    Anita Kumari @ Jyoti Kumari Daughter Of Shashi Kant Singh @ Munna
                 Saw Resident Of Village- Sapullahganj, Po- Sasaram , Ward No. 21, Ps -
                 Sasaram Town, Distt- Rohtas At Sasaram



                                                        ... ... Opposite Party/s
                 ======================================================
                 Appearance :
                 For the Petitioner/s    :        Mr. Raghunandan Kumar Singh, Adv.
                 For the State           :        Mr. Satyendra Narayan Singh, APP
                 For the O.P. No.2       :        Mr. Rajnikant Singh, Adv.
                 ======================================================
                 CORAM: HONOURABLE JUSTICE SMT. SONI SHRIVASTAVA
                                       ORAL ORDER

3   31-01-2026                     Heard learned counsel for the petitioners, learned

                   APP for the State, and learned counsel for the opposite party

                   No. 2.

                                 2. The present application has been filed for quashing

                   of order dated 10.10.2022 passed by the learned Additional

                   Chief Judicial Magistrate, Rohtas at Sasaram in connection with

                   Mahila P.S. Case No. 89 of 2021, whereby and whereunder
Patna High Court CR. MISC. No.41165 of 2023(3) dt.31-01-2026
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          cognizance was taken against the petitioners and others under

          Sections 341, 323, 354, 427, 498A, 506 and 34 of the Indian

          Penal Code and Secion 3/4 of the Dowry Prohibition Act and

          summons were issued thereunder.

                       3. The case is one under Section 498A of IPC and

          lodged on the basis of the written report of one Anita Kumari,

          who is the O.P. No.2, against her husband Ajit Kumar and other

          family members including the present petitioners with

          allegations of ill-treatment meted out to her on account of non-

          fulfillment of demand of dowry.

                       4. Learned counsel for the petitioners submits, at the

          outset, that the petitioners in the present application are the

          mother-in-law, who is a senior citizen, married sister-in-law

          (nanad) and the brother-in-law (bhaisur) of the opposite party

          no.2 and they had never indulged in any act of demand of dowry

          or torture inflicted upon the opposite party no.2, as alleged. The

          F.I.R. also indicates that there are general and omnibus

          allegations leveled by O.P. No.2. It has also been submitted that

          as a matter of fact, the husband of the O.P. No.2 had filed an

          information       petition     before     the    learned   Chief   Judicial

          Magistrate, Rohtas at Sasaram bearing Information Case No.

          718 of 2021 against the O.P. No.2 and her family members four
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          months prior to the present case and it is only thereafter, the

          present FIR was lodged.

                       5. It has been specifically stated that petitioner no.1 is

          the mother-in-law, aged about 62 year old, suffering from severe

          alignments, while petitioner no. 3 is an employee of Postal

          Department, who is posted at a relevant time at Bhusawal and

          Annexure-4 of has been brought on record to substantiate such

          document. So far as petitioner no. 2 is concerned, she is a

          married sister-in-law and even she reside separately and as such,

          these petitioners have no connection with the day-to-day affairs

          to the opposite party no. 2 and her husband. It has, thus, been

          submitted that totally on general and omnibus allegations made

          in the F.I.R. by the O.P. No.2, the cognizance was taken against

          all the accused persons including the present petitioners by an

          order dated 10.10.2022. It also does not reflect proper

          application of judicial mind as the materials appearing against

          these petitioners have not been pointed out and rather a

          sweeping statement has been made that prima facie offence is

          found against all the accused persons, mentioned in column 11

          of the charge-sheet.

                       6. Learned counsel for the petitioners has also relied

          upon the judgment of Hon’ble Supreme Court in the case of
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          Kahkashan Kausar & Ors. vs. State of Bihar & Ors. reported

          in (2022) 6 SCC 599, wherein the cases of family members of

          the husband of the informant stood quashed considering the

          general and omnibus nature of allegations leveled against them

          and also considering the fact that in case of matrimonial discord,

          there has now become a tendency to employ the provisions

          under Section 498A of the IPC as an instrument to settle

          personal scores against husband and his relatives.

                       7. Learned APP for the State and learned counsel for

          opposite party no.2 strongly opposed the present application for

          quashing the order taking cognizance against the present

          petitioners. It has further been submitted that based upon the

          materials collected during course of investigation, the

          Investigating Officer has submitted charge-sheet and on the

          basis of which cognizance order was passed and there is no

          illegality in the order impugned, as such it warrants no

          interference. It has further been submitted that allegations made

          in the F.I.R. cannot be said to be completely general and

          omnibus as there are certain specific imputations also against

          the petitioners.

                       8. I have perused the entire materials on record,

          including the FIR and it appears from a perusal thereof that the
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          present petitioners, who are the family members, being mother-

          in-law, married sister-in-law, and brother-in-law of opposite

          party no.2 and the allegations against them with regard to

          demand of dowry and torture are mostly general and omnibus

          and sweeping in nature. There may be certain imputations but

          the law laid down by the various judicial pronouncements is

          clear to the extent that in case of matrimonial discord between

          husband and wife, there is a tendency to rope in all the members

          of the family and when such family relationships are sought to

          be brought within the ambit, the court should be circumspect,

          judicious in examining the matter whether continuance of such

          proceedings against family members should be allowed to

          proceed. It is no doubt true that importance has to be given to

          domestic violence but all the family members and relatives who

          are not even residing together with the OP No. 2 and her

          husband and have no connection with the day-to-day affairs

          ought not to be keeping of the criminal proceedings in the

          general and sweeping manner.

                        9. In the case of Kahkashan Kausar & Ors.

          (supra) the Hon’ble Supreme Court considered all the earlier

          judgments rendered in connection with quashing of prosecution

          against relatives with generalised allegations with no specific
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          instances being carved out as against them, starting from the

          case of Preeti Gupta & Anr. Vs. the State of Jharkhand &

          Anr. reported in (2010) 7 SCC 667, wherein it was observed

          that it was a matter of common experience that most of the

          complaints under Section 498A IPC are filed in the heat of the

          moment over trivial issues without proper deliberations and

          such complaints are filed with certain oblique motives. With

          regard to the prosecution faced by the members of the family it

          has been clearly laid down in the case of Kahkashan Kausar

          (supra) that such persons ought not to go through the rigors of

          the prosecution and trial as an eventual acquittal also inflicts

          severe scars upon the accused. Paragraph 21 of the above-

          mentioned judgment rendered by the Hon’ble Apex Court in

          Kahkashan Kausar (supra) is being quoted hereunder:

                        “21. Therefore, upon consideration of the
                        relevant circumstances and in the absence of any
                        specific role attributed to the appellant-accused,
                        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 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.”
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                        10. This Court would also gainfully refer to the

          recent case of Dara Laxmi Narayana Vs. the State of

          Telangana (2025) 3 SCC 735 wherein the Hon’ble Apex Court

          has made it clear that family members of the husband of the

          informant ought not to be unnecessarily roped into criminal

          proceedings arising out of matrimonial discord. It was further

          held that in a case where the allegations are totally bereft of

          specific accusations particularly in the background that the

          relatives are even staying separately from the informant and her

          husband, allowing such malicious and motivated prosecution to

          continue would amount to an abuse of the process of the court.

          The above-mentioned judgment rendered by the Hon’ble

          Supreme Court has been noticed and reiterated in the recent case

          of Mange Ram Vs State of Madhya Pradesh & Anr. (2025)

          INSC 962 to hold that continuation of the criminal proceedings

          against family members, especially in the absence of specific

          and proximate allegations, serves no legitimate purpose and in

          appropriate cases the power to quash such proceedings is

          essential to uphold fairness and bring about a quietus to personal

          disputes.

                        11. Taking into consideration the aforesaid facts and

          circumstances of the case and also upon hearing the rival
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                      contentions of the parties, coupled with the legal spectrum on

                      the subject concerned, as has been repeatedly reiterated even in

                      the case of Geddam Jhansi & Anr. Vs. State of Telangana &

                      Anr. reported in 2025 SCC Online SC 263, this court is of the

                      considered opinion that continuance of criminal proceedings

                      against the present petitioners would amount to an abuse of

                      process of court and cause grave miscarriage of justice, as such,

                      the impugned order dated 10.10.2022 passed by the learned

                      Additional Chief Judicial Magistrate, Rohtas at Sasaram in

                      connection with Mahila P.S. Case No. 89 of 2021 is hereby

                      quashed with regard to the present petitioners.

                                    12. Accordingly, the present application stands

                      allowed.


                                                (Soni Shrivastava, J)

Harsh/-
U       T


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