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Patna High Court

Renu DeviversusThe State of Bihar

Decided
Disposal
ALLOWED

Holding

The Court set aside the magistrate's order and quashed the criminal proceedings as an abuse of process.

Summary

The petitioner Renu Devi filed an application under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 seeking to quash a magistrate's order that had taken cognizance of offences under Sections 323, 341, 504 and 506 IPC based on a complaint alleging dowry‑related harassment and threats. The petitioner contended that the complaint was fabricated, delayed, and contained contradictory statements, rendering it mala fide. The Court examined the Supreme Court’s Bhajan Lal categories for exercising inherent powers under CrPC Section 482, as well as the judgments in Geeta Mehrotra and Inder Mohan Goswami. Finding the allegations vague, lacking specific particulars, and indicative of a matrimonial dispute rather than a cognizable offence, the Court held that the proceedings amounted to an abuse of process. Consequently, the order of the Judicial Magistrate dated 28‑03‑2022 was set aside and the criminal proceedings were quashed.

Issues considered

  • Whether the complaint under Sections 323, 341, 504 and 506 IPC discloses a cognizable offence against the petitioner sufficient to justify taking cognizance.
  • Whether the criminal proceedings are mala fide and constitute an abuse of process warranting quash under Section 528 of the Bharatiya Nagarik Suraksha Sanhita and inherent powers under CrPC Section 482.
  • Whether the delay in filing the complaint and the contradictions in the complainant's statements affect the credibility of the prosecution case.

Legislation cited

Subjects

  • dowry harassment
  • criminal procedure
  • quash of proceedings
  • abuse of process
  • inherent powers
  • Section 528 BNS Act
  • matrimonial dispute
  • false complaint

Judgment

          IN THE HIGH COURT OF JUDICATURE AT PATNA
                     CRIMINAL MISCELLANEOUS No.46 of 2025
      Arising Out of PS. Case No.-294 Year-2021 Thana- EAST CHAMPARAN COMPLAINT
                                    District- East Champaran
     ======================================================
     Renu Devi, D/o Mohan Prasad, R/O- Vill- Mohalla old Exchange Road, Ward
     no. 18, P.S- Sitamarhi, Distt- Sitamarhi.
                                                              ... ... Petitioner
                                          Versus

1.   The State of Bihar
2.   Dileep Gupta S/o Late Kamla Prasad R/o vill - Sriram Path, Koiriya Tola,
     ward no. 25, P.S. - Raxaul, Distt.- East Champaran.

                                            ... ... Opposite Party/s
     ======================================================
     Appearance :
     For the Petitioner/s   :      Mr.Rajesh Ranjan, Advocate
                                   Mr.Md.Farooq, Advocate
                                   Mr.Akshay Tripathi, Advocate
                                   Mr.Himanshu Ranjan, Advocate
     For O.P. No.2          :      Mr. Dhirendra Kumar, Advocate
     For the State          :      Ms.Renu Kumari, A.P.P.
     ======================================================
     CORAM: HONOURABLE MR. JUSTICE RUDRA PRAKASH
     MISHRA
     ORAL JUDGMENT
      Date : 05-01-2026

                       Heard Mr. Rajesh Ranjan, learned counsel for the

      petitioner, Mr. Dhirendra Kumar, learned counsel for the

      O.P.No.2 and Ms. Renu Kumari, learned A.P.P. for the State.

                       2. The present application under Section 528 of the

      Bharatiya Nagarik Suraksha Sanhita, 2023 has been preferred

      for quashing the order dated 28.03.2022, whereby the learned

      Judicial Magistrate, 2nd Class, Raxaul at Motihari in Complaint

      Case No. 294/2021 (Enquiry No. 02/22) has taken cognizance

      of the offence under section 323,341,504 and 506 of the Indian

      Penal Code and issued processes against the petitioner.
Patna High Court CR. MISC. No.46 of 2025 dt.05-01-2026
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                         3. The prosecution case, as alleged, is that the

         complainant, who is the father of the daughter-in-law of the

         petitioner, has submitted a compliant petition stating therein that

         his daughter was subjected to harassment on account of demand

         of dowry and she was driven out from her matrimonial home,

         pursuant to which an FIR was lodged on 21.03.2021. It is

         further alleged that on 15.09.2021, thereafter, the complainant

         along with his daughters went to the house of the petitioner to

         take the clothes of his daughter and whereupon the petitioner

         allegedly closed the gate, abused them and threatened them for

         dire consequences. On the basis of the said allegations, the

         present complaint has been instituted.

                         4. Learned counsel for the petitioner submits that

         the entire prosecution story is false, fabricated and malicious,

         and has been instituted only to harass the petitioner. It is

         contended that there is no specific or overt allegation against the

         petitioner which would constitute the alleged offences. Learned

         counsel for the petitioner further submits that the complaint has

         been instituted after an unexplained delay of nine days and no

         satisfactory explanation for such delay has been explained,

         which further creates doubt regarding the genuineness of the

         prosecution case. Learned counsel for the petitioner further
Patna High Court CR. MISC. No.46 of 2025 dt.05-01-2026
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         submits that a material contradiction exists in the case of the

         complainant. While in the complaint petition it has been stated

         that no injury was sustained, but in the Solemn Affirmation, it is

         alleged that injuries were sustained. Such inconsistency goes to

         the root of the prosecution case and seriously affects its

         credibility.

                         5. Learned counsel for the petitioner has placed

         reliance upon the Judgment of the Hon’ble Supreme Court in

         the case of State of Haryana and Others v. Bhajan Lal and

         Others, reported in 1992 Supp (1) SCC 335, wherein categories

         were laid down for exercise of inherent powers to quash

         criminal proceedings, including cases where allegations are

         inherently      improbable        and     proceedings   are   maliciously

         instituted to harass the accused.

                         6. Reliance has also been placed upon in the case of

         Geeta Mehrotra & Anr. v. State of U.P., reported in (2012) 10

         SCC 741, wherein the Hon’ble Supreme Court has held that

         mere casual reference to family members in matrimonial

         disputes, without specific allegations of active involvement,

         does not justify criminal prosecution. The Court cautioned

         against the growing tendency to implicate all family members in

         matrimonial disputes.
Patna High Court CR. MISC. No.46 of 2025 dt.05-01-2026
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                         7. Learned counsel for the State and learned

         counsel for the opposite party no.2 opposed the prayer made on

         behalf of the petitioner and they have supported the impugned

         order.

                         8. I have considered the submissions advanced by

         the learned counsel for the parties and perused the materials

         available on record. On perusal of the complaint and the

         statements recorded during inquiry, it appears that the present

         complaint case has been instituted mala fide, arising out of

         matrimonial discord between the parties. The allegations are

         general and omnibus in nature, lacking specific particulars, and

         do not prima facie disclose the essential ingredients of the

         alleged offences so far as the petitioner is concerned.

                         9. Further, the order taking cognizance passed by

         the learned Magistrate is cryptic and non-speaking. The Hon’ble

         Supreme Court in the case of State of Haryana and Others v.

         Bhajan Lal and Others (supra), in para 102, held as under:

                         “102. In the backdrop of the interpretation of the
                         various relevant provisions of the Code under
                         Chapter XIV and of the principles of law
                         enunciated by this Court in a series of decisions
                         relating to the exercise of the extraordinary power
                         under Article 226 or the inherent powers under
                         Section 482 of the Code which we have extracted
                         and reproduced above, we have given the following
                         categories of cases by way of illustration wherein
Patna High Court CR. MISC. No.46 of 2025 dt.05-01-2026
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                         such power could be exercised either to prevent
                         abuse of the process of any court or otherwise to
                         secure the ends of justice, though it may not be
                         possible to lay down any precise, clearly defined
                         and sufficiently channelised and inflexible
                         guidelines or rigid formulae and to give an
                         exhaustive list of myriad kinds of cases wherein
                         such power should be exercised.
                                   (1) Where the allegations made in the
                                      first information report or the
                                      complaint, even if they are taken at
                                      their face value and accepted in their
                                      entirety do not prima facie constitute
                                      any offence or make out a case
                                      against the accused.
                                   (2) Where the allegations in the first
                                      information      report   and     other
                                      materials, if any, accompanying the
                                      FIR do not disclose a cognizable
                                      offence, justifying an investigation by
                                      police officers under Section 156(1) of
                                      the Code except under an order of a
                                      Magistrate within the purview of
                                      Section 155(2) of the Code.
                                   (3) Where the uncontroverted allegations
                                      made in the FIR or complaint and the
                                      evidence collected in support of the
                                      same do not disclose the commission
                                      of any offence and make out a case
                                      against the accused.
                                   (4) Where, the allegations in the FIR do
                                      not constitute a cognizable offence but
                                      constitute only a non-cognizable
                                      offence, no investigation is permitted
                                      by a police officer without an order of
                                      a Magistrate as contemplated under
                                      Section 155(2) of the Code.
                                   (5) Where the allegations made in the
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                                         FIR or complaint are so absurd and
                                         inherently improbable on the basis of
                                         which no prudent person can ever
                                         reach a just conclusion that there is
                                         sufficient ground for proceeding
                                         against the accused.
                                      (6) Where there is an express legal bar
                                         engrafted in any of the provisions of
                                         the Code or the concerned Act (under
                                         which a criminal proceeding is
                                         instituted) to the institution and
                                         continuance of the proceedings and/or
                                         where there is a specific provision in
                                         the Code or the concerned Act,
                                         providing efficacious redress for the
                                         grievance of the aggrieved party.
                                      (7) Where a criminal proceeding is
                                         manifestly attended with mala fide
                                         and/or where the proceeding is
                                         maliciously instituted with an ulterior
                                         motive for wreaking vengeance on the
                                         accused and with a view to spite him
                                         due to private and personal grudge.”

                         10. In the case of Inder Mohan Goswami & Anr.

         v. State of Uttaranchal & Ors. reported in (2007) 12 SCC 1, the

         Hon’ble Supreme Court has consistently held that inherent

         powers may be exercised to prevent abuse of the process of law

         and to secure the ends of justice. The powers possessed by the

         High Court under section 482 of the Code are very wide and the

         very plenitude of the power requires great caution in its

         exercise. The court must be careful to see that its decision in
             Patna High Court CR. MISC. No.46 of 2025 dt.05-01-2026
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                      exercise of this power is based on sound principles. The inherent

                      power should not be exercised to stifle a legitimate prosecution.

                                      11. In view of the aforesaid facts and settled

                      principles of law as also the various pronouncements made by

                      Hon’ble Supreme Court herein above, this Court finds substance

                      in the submissions made on behalf of the petitioner and as such

                      this Court is of the considered opinion that continuation of the

                      criminal proceedings against the petitioner would amount to

                      abuse of the process of the court and would not serve the ends

                      of justice.

                                      12. In the light of facts and circumstances,

                      discussed above, the petitioner has made out a case so as to

                      interfere with the order taking cognizance dated 28.03.2022,

                      passed by the learned Judicial Magistrate, 2nd Class, Raxaul at

                      Motihari in Complaint Case No. 294/2021 (Enquiry No. 02/22).

                      Accordingly, it is set aside.

                                      13. The present Criminal Miscellaneous No. 46 of

                      2025 stands allowed.


                                                       (Rudra Prakash Mishra, J)
manish/-
AFR/NAFR                NAFR
CAV DATE                NA
Uploading Date          13.01.2026
Transmission Date       13.01.2026


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