Holding

The summoning order is quashed against the father‑in‑law and all other appellants, and may proceed only against the mother‑in‑law under Section 406 IPC; no case under Section 498A is made out against any appellant.

Summary

The Supreme Court heard an appeal by Bhaskar Lal Sharma and Vimla Sharma against a Delhi High Court order that quashed a summoning order issued under Sections 498A, 403, 405, 406 and 34 of the IPC. The Court examined the complaint filed by Monica, the wife of Vikas Sharma, and found that the allegations did not satisfy the ingredients of an offence under Section 498A, as there was no evidence of cruelty or dowry harassment. However, the Court held that a prima facie case of criminal breach of trust under Section 406 existed only against the mother‑in‑law (appellant No.2) for allegedly retaining gifts and cash given by guests. Consequently, the summoning order was set aside against the father‑in‑law and all other appellants, while it was allowed to continue against the mother‑in‑law solely for Section 406. The appeal was allowed in part.

Issues considered

Whether the complaint under Section 498A IPC discloses a prima facie case of cruelty or dowry harassment against the appellants.
Whether the allegations constitute a case of criminal breach of trust under Section 406 IPC against the mother‑in‑law.
Whether the High Court erred in quashing the summoning order under Section 482 of the CrPC.
Whether the doctrine of entrustment under Sections 403 and 405 IPC applies to the facts.

Legislation cited

Code of Criminal Procedure, 1973s. 34, s. 482
Hindu Marriage Act, 1955s. 9
Indian Evidence Act, 1872s. 113-8
Indian Penal Code, 1860s. 403, s. 405, s. 406, s. 498A

Subjects

matrimonial disputeSection 498Acriminal breach of trustSection 406summoning orderquashing of criminal proceedingsentrustmentdowrystridhanSection 482 CrPC

Judgment

[2009] 11 S.C.R. 408
)- .....
A BHASKAR LAL SHARMA & ANR.
v.
MONICA
(Criminal Appeal Nos. 1325-1326 of 2009)
JULY 27, 2009
B
[S.B. SINHA AND CYRIAC JOSEPH, JJ.]

~
PENAL CODE, 1860:

c Sections 403, 405, 406, 498A - Matrimonial dispute -
Complaint of mental cruelty and non-entrustment of property
against husband and in-laws - Summoning order - Quashed
by High Court - On appeal, Held: No case under Section
498A made out - No criminal misconduct on the part of the
appellants - However, prima facie a case under Section 406
D
/PC made out against the appellant No.2 (mother-in-law) -
~
Summoning order passed against appellants except
appellant No.2 is set aside - Proceedings can continue only
against appellant No.2 that too in respect of Section 406 /PC
only.
E
The present appeal has been filed against the High
Court's judgment quashing the summoning order against ·
the appellants in respect of offences under Sections 406
and 498-A. ..
F
Allowing the appeals, the Court

HELD: 1. The allegations relating to the place where
the marriage took place has nothing to do with an offence
under Section 498A of the IPC. Allegations that appellant
G No.2 kicked the respondent with her leg and told her that
her mother to be a liar may make out some other offence
but not the one punishable under Section 498A. Similarly '" -
her allegations that the appellant No.2 poisoned the ears

H 408
BHASKAR LAL SHARMA & ANR. v. MONICA 409

of her son against the respondent; she gave two used A
lady suits of her daughter to the complainant and has
been given perpetual sermons to the complainant could
not be said to be offences punishable under Section
498A. Even threatening that her sot:i may be divorced for
the second time could not bring out the offence under B
Section 498A of the IPC. [Para 13] [428-E-F]

Noorjahan vs. State rep. by D.S.P, (2008) 11 SCC 55;
Sushi/ Kumar Sharma vs. Union of India & Ors. (2005) 6 SCC
281; State of Haryana vs. Bhajan Lal [1992 (Supp.) 1 SCC
335; Chunduru Siva Ram Krishna & Anr. vs. Peddi Ravindra C
Babu & Anr. 2009 (4) SCALE 685; Kailashi Bai vs. Aarti Arya
& Anr. 2009 (7) SCALE 304; Onkar Nath Mishra & Ors. vs.
State (NCT of Delhi) & Anr. 2008 (1) JCC 65; Ramesh & Ors.
vs. State of T.N. (2005) 3 SCC 507; Oevendra & Drs. vs. State
of U.P. & Anr. 2009 (7) SCALE 613 and Mahi/a Vinod D
Kumari vs. State of Madhya Pradesh 2008 (10) SCALE 97,
referred to.

2. This Court, however, made note of the litigations
filed between the parties in great detail. These litigations, E
if a holistic view is taken, depict a sad state of affairs, ,
namely, that the respondent, on the one hand, intends to
take all coercive measures to secure the presence of her
husband and the appellants in India in various cases filed
by her and, on the other hand, she had repeatedly been F
making attempts of conciliation. Endeavour/conciliations
were made by the Delhi High Court as also this Court at
various stages. The High Court, in its order dated
6.10.2005 passed in Criminal Revision No. 452 of 2005
categorically held that the marriage has irretrievably G
broken down. Be that as !t may, this Court is of the
opinion that keeping in view the ingredients of the
provisions of Sections 498A of the IPC, no case has been
made out against the appellants. (Para 15] (437-C-E]
H
410 SUPREME COURT REPORTS [2009] 11 S.C.R.

A 3.1. The correspondences exchanged between the
,. ...
spouses or by and between the husband and his in-laws
do not disclose any allegation which would amount to ,.
criminal misconduct on the part of the appellants. [Para
16) [440-A-B]
B
3.2. The only allegation which brings the case within
the purview of Section 406 is that appellant No.2 (mother-
in-law) had taken all the gifts/cash given by the invitees/
guests. Technically, this allegation would attract the
definition of breach of trust within the meaning of Section
c 405 of the IPC. Entrustment of some properties and/or
dominion over them, if any, therefore, is attributed only
against the appellant No.2. Other allegations made
against the appellants are general in nature. Entrustment
is said to have been made to the appellants and/or their
D son. No definite case of entrustment of any property has
been made against the appellant No.1. He is only said to
have given back to the complainant's parent the entire
cloth and jewelry. No demand was made by the
respondent. Offering of Rs.25 lakhs for grant of divorce
E by mutual consent as compensation to the complainant,
which is three times of the amount of the value of
'Streedhana' and/or amount spent by the complainant's
father per se does not constitute any offence under
Section 406 of the Code. [Para 16) [440-C-G] ~ ,

F
3.3. This Court is of the opinion that prima facie a
case under Section 406 of the IPC has been made out
only against appellant No.2. [Para 16) [441-E]

Rashmi Kumar (Smt.) vs. Mahesh Kumar Bhada [(1997)
G 2 SCC 397; State of Punjab vs. Pritam Chand & Ors. 2009
(2) SCALE 457 and Harmanpreet Singh Ahluwalia & Ors. vs.
State of Punjab & Ors. 2009 (7) SCALE 85, referred to. ,

4. The summoning order dated 21.3.2005 passed
H against the appellants except Appellant No.2 is set aside.
BHASKAR LAL SHARMA & ANR. v. MONICA 411

- ~

It is clarified that the proceedings can continue only A
against the appellant No.2, that too in respect of Section
406 IPC only. [Para 19] [441-G-H]

Case Law Reference :
(2008) 11 sec 55 referred to Para 13 B
(2oos) 6 sec 281 referred to Para 13
1992 (Supp.) 1 SCC 335 referred to Para 13
2009 (4) SCALE 685 referred to Para 13 c
2009 (7) SCALE 304 referred to Para 13
2008 (1) JCC 65 referred to Para 14
(2005) 3 sec 501 referred to Para 14
D
2009 (7) SCALE 613 referred to Para 14
2008 (10) SCALE 97 referred to Para 14
(1997) 2 sec 397 referred to Para 16
2009 (2) SCALE 457 referred to Para 16 E

2009 (7) SCALE 85 referred to Para 16

CRIMINAL APP ELLATE JURISDICTION : Criminal Appeal
No. 1325-1326 of 2009.
F
From the Judgment & Order dated 21.01.2008 of the High
Court of Delhi at New Delhi in Criminal (Misc.) Main Nos. 4742-
43 of 2005.

Vikas Pahwa, Saurabh Soni and Abhinav Malhotra (for G
Rishi Malhotra) for the Appellants.
_,..
. "I
Respondent - in - person through her attorney Vinay
Malhotra.

H
'
412 SUPREME COURT REPORTS (2009] 11 S.C.R.

A The Judgment of the Court was delivered by

S.B. SINHA, J. 1. Leave granted.

2. Respondent Monica married Vikas Sharma (Vikas), son
of the appellants herein. Vikas was a divorcee. He obtained
B the decree of divorce on or about 8th July, 2003 passed by the
Civil Court in Lubumbashi, Congo. He had two children born
on 23rd April, 1999 and 8th July, 2000 respectively from his
first wife.

c Indisputably, Vikas as also the appellants are engaged in
the family business of import and export of about 150
commodities. Vikas was the Managing Director of the family
managed Company since 1994 having its operating business
places at Delhi, Bangkok, Shanghai, Brussels, Johannesburg,
D Kinshasa, Lubumbashi, Uganda, etc. Vikas and the appellants
ordinarily live in Congo. They have a residential house also at
Lajpat Nagar, New Delhi.

Negotiation between Vikas and the respondent - Monica
took place through an agency known as 'Sycorian Matrimonial
E Services'. The marriage took place at Sanatan Dharam Mandir
Hall, Delhi on 16.1.2004. It was also registered with the
Registrar of Marriages, MB Road Saket, New Delhi on
22.1.2004. Immediately thereafter, i.e., on or about 25.1.2004,
the couple left India and stayed in Johannesburg, South Africa
F for about 10 days. They thereafter left for Lubumbashi, Conga,
Africa. They stayed there for 2 months in their matrimonial
home. The relationship between the parties was cordial during
that period.

G Monica came back to India on 5.4.2004. She stayed at her
matrimonial home at Lajpat Nagar, New Delhi till 10.5.2004 with
the appellants. She again left for Lubumbashi, Africa to join her •
husband. However, the relationship between the parties
deteriorated thereafter. They came back to India on 21.5.2004.
H Monica allegedly took all her belongings from Congo includinJ
BHASKAR LAL SHARMA & ANR. v. MONICA 413
[S.B. SINHA, J.]

clothes and the jewelry which she had been carrying. A

On or about 26.5.2004, Vikas and the respondent visited
Dr. Nagpal, a psychiatrist at Vim Hans Hospital for consultation
to ascertain the reason for the non-compatibility and discord
between them. Dr. Nagpal advised them to make their B
matrimonial life successful.
414 SUPREME COURT REPORTS [2009] 11 S.C.R.

~ '
A Magistrate by an order dated 10.5.2005 and granted interim
maintenance at the rate of Rs.5,000/- per month.

Non bailable warrants of arrest were also issued against
the appellants as also Vikas on 29.6.2005.
B 4. The respondent being not satisfied with the quantum of
maintenance as granted by way of an interim arrangement filed
a Revision Application before the High Court marked as
Criminal Revision No. 452 of 2005 seeking increase in the
maintenance granted by the learned Metropolitan Magistrate.
c The High Court enhanced the amount of compensation of
interim maintenance to Rs.50,000/- per month. The amount of
maintenance has since been fixed at Rs.50,000/- per month by
the said Court.

D On or about 2.8.2005, appellants as also Vikas filed
application marked as Criminal (Misc.) No. 3673-75 of 2005
under Section 482 of the Code before the Delhi High Court for
quashing the order directing issuance of non-bailable warrants
against them. The High Court by its order dated 8.8.2005
stayed the order issuing non-bailable warrants against the
E
appellants with an undertaking that Vikas and appellants would
appear before the learned Magistrate.

Appellants along with Vikas also filed an application
marked as Criminal (Misc.) Main No. 4742 of 2005 under .J

F Section 482 of the Code for quashing of the summoning order
dated 21.3.2005 passed by the learned Magistrate in
Complaint No.287/1A summoning them for attending the trial
court under Sections 498A, 406 and 34 of the IPC.

G On 3.10.2005, appellants and their son came to India; they
appeared before the learned Magistrate; they were admitted
to bail. • ' ~

The High Court by its order dated 4.10.2005 passed in
Criminal Revision No. 452 of 2005 directed impounding of the
H
BHASKAR LAL SHARMA & ANR. v. MONICA 415
[S.B. SINHA, J.]
-. passport of Vikas stating that the efforts were being made for
reconciliation. Admittedly talks of reconciliation failed. The High
A

Court modified the said finding stating that the m<=miage seems
to have broken down irretrievably and directed return of the
passport to him by an order dated 6.10.2005. Pursuant to the
liberty granted by the High Court, appellants as also Vikas filed B
an application on 15.102005 for permission to go abroad,
which was allowed subject to the condition that additional bank
guarantees be furnished of Rs.1 lakh for each of the applicant.

Monica challenged the said order before the High Court
which was dismissed by an order dated 18.10.2005.
c
5. On 21.11.2005, Monica filed a Criminal Complaint
No.574/1 under Section 420 of the IPC against the appellants
and Vikas inter alia alleging all material facts relating to the first
marriage and divorce and in particular the fact that the first wife D
of Vikas in her divorce suit alleged acts of cruelty on the part
,/.
of her husband had not been disclosed.

On 12.12.2005, Monica challenged the order of the Delhi
High Court dated 18.10.2005 before this Court by way of
I;
Special Leave Petition (Criminal) No. 6015-6016 of 2005,
. which was dismissed by an order dated 12.12.2005.

Despite the same, Monica filed another petition before the
High Court under Section 482 of the Code inter alia praying
that the learned trial court may be directed not to release the F
passport of Vikas till the application filed by her under Section
340 of the Code is disposed off.

6. Another petition marked as Criminal Misc. (Main) No.
· 519 of 2006 was filed by her for a direction upon the learned G

..
... ~
trial court to dispose of the case filed by her under Sections
498A/406 IPC and 420 IPC within a time frame of about 3 months
and the appellants as also Vikas be directed to submit all the
papers relating to their properties in India before the learned
trial court. H
416 SUPREME COURT REPORTS [2009] 11 S.C.R.

A The High Court by its order dated 7.2.2006 dismissed the I- ...
petition filed by the respondent with costs.

On 20.3.2006, the learned Metropolitan Magistrate, New
Delhi took cognizance of the complaint No. 574/1 under Section
417/415 IPC as the allegations were not made out under
B
Section 420.

On 27.3.2006, the order dated 7.2.2006 passed by the
High court was challenged by the respondent before this Court
by way of Special Leave Petition (Criminal) No.1220 of 2006,
c which was dismissed with a direction to the trial court to
expedite the proceedings.

Indisputably for one reason or the other (appellants had
given some explanation in this behalf in the Special Leave
D Petition) appellants having failed to attend the court of the
learned Metropolitan Magistrate, Monica filed an application for
attachment of the ancestral property of the first appellant.
Interpol also was sounded. Orders were passed for attachment
of the property in terms of Section 83 of the Code situated both
at Delhi as also the ancestral house of the first appellant at
E
Jaipur. Although the order of attachment so far as the Jaipur
property is concerned is said to have been passed in terms of
Section 83(4)(c) of the Code, Monica allegedly forged the said
order to show that the order of attachment has been passed in
terms of Section 83(4)(a) thereof.
F
Brother of the first appellant lodged a First Information
Report ("FIR") with Moti Dungri Police Station, Jaipur. We are,
however, not concerned with the said case at present.

G Indisputably on 17.11.2007, Monica filed a petition under
Section 9 of the Hindu Marriage Act, 1955 seeking for
restitution of conjugal rights marked as Case No. 683 of 2007,
which is pending in the Court of learned Additional District ) ...
....
Judge, Tis Hazari, New Delhi.
H We may place on record that at the instance of Monica
BHASKAR LAL SHARMA & ANR. v. MONICA 417
[S.S. SINHA, J.]
-' i several attempts have been made for reconciliation of A
matrimonial dispute between her and Vikas.

We may also place on record that applications dated
9.5.2008 and 31.5.2008 respectively were also filed before this
Court by the respondent for mediation B
Chandan Sharma, another son of the appellants came
from Hong Kong to India for that purpose. Monica, however,
-\
insisted that appellant No.1 himself should come to India before
her- husfland Vikas comes, which was not acceptable to the
. appellants as the reconciliation of the disputes was to take c
place between Monica and her husband Vikas.

We may notice that even this Court in the transfer petition
filed by Monica being Transfer Petition (Crl.) No. 258 of 2007
by its order dated 4.2.2008 impleaded Union of India through D
Ministry of External Affairs as a party and learned Additional
l. Solicitor General· appearing for Union of India made a
statement before this Court on 11.4.2008 tl:iat Emergency
Travel Documents would be made availab!e to Vikas and upon
his arrival a regular passport would be issued. Interpol/Ministry
E
of External Affairs were directed not to enforce the Red Corner
Notice against Vikas Sharma. Pursuant thereto Vikas traveled
to India.

7. On 9.5.2008, Vikas appeared before this Court in
}.
Transfer Petition (Criminal) No. 258/2007 and this Court by an F
order dated 9.5.2008 directed the complainant and Vikas to
report to the Senior Coordinator of the Mediation Cell at Tis
Hazari Courts, Delhi to explore the possibilities of resolving/
settlement of their matrimonial discord. Pursuant thereto the
parties appeared before the learned Senior Mediator and the G
mediation processes were resorted to on day to day basts.
Indisputably however, the said negotiation failed. The matter
• was listed before this Court on 11.6.2008. The parties were
given an opportunity to reconcile their disputes. However, they
could not arrive at any settlement. H
418 SUPREME COURT REPORTS [2009] 11 S.C.R.

A The High Court by reason of the impugned order dated
t -
21.1.2008 dismissed the application for quashing the
summoning order dated 21.3.2005 filed by the appellants
herein, opining:

"14. In order to attract the offence under Section 498A it
B
would have to be proved that the wife was subjected to
cruelty which could include mental cruelty. Whether the
conduct was such as to cause grave injury or danger to
the mental health of the woman are all matters to be ,.
examined only after the detailed evidence is led by the
c prosecution. At this stage, when a prayer is made for
quashing of the criminal proceedings, this Court is not
expected to go through the pre-summoning evidence in
great detail and determine whether in fact all the
ingredients of the offence as set out under Section 498A
D are actually made out or not.

15. Likewise the submission of the petitioners regarding
non-entrustment of property to them by the complainant for
the purposes of attracting the offence under Sections 403
E read with 406 IPC is without merit. It was attempted to be
shown by learned counsel for the petitioner that there is
no specific averment that property was entrusted by the
complainant to either of these petitioners or that they had
criminally misappropriated the same. This Court is unable
,J
F to agree. The averments in paras 16, 24 and 29 of the
. complaint when read taken collectively do indicate that the
property which belonged to the complainant was,
according to the complainant, in the possession of the
Petitioners and on demand they refused to return such
property. At this stage, in order to examine if the complaint
G
makes out a prima f~cie case, it is not necessary to go
into the fine details and determine whether what is stated
in the complaint is true or not.
,
16. In this context the observations of the Supreme Court
H in Rashmi Kumar v. Mahesh Kumar Bhada (1997) 2
BHASKAR LAL SHARMA & ANR. v. MONICA 419
[S.B. SINHA, J.]
- .+
SCC 397 would be relevant. In that case while examining A
Section 406 in some detail, this Court observed as under
(SCC p. 407): The expression entrustment carries with it
. the implication that the person handing over any property
or on whose behalf that property is handed over to another,
continues to be its owner. Entrustment is not necessarily B
a term of law. It may have different implications in different
' contexts. In its most general signifance, all its imports is
"f
handing over the possession for some purpose which may
not imply the conferment of any proprietary right therein.
The ownership or beneficial interest in the property in c
respect of which criminal breach of trust is alleged to have
been committed, must be in some person other than the
accused and the latter must hold it on account of some
person or in some way for his benefit."

8. Mr. Vikas Pahwa, the learned counsel appearing on D
i behalf of the appellants urged that the High Court committed a
serious error in passing the impugned judgment insofar as It
failed to take into consideration that:

i. the complaint petition even if given face value and E
taken to be correct in its entirety does not disclose
commission of offences either under Section 498A
or Section 406 of the IPC so far as the appellants
are concerned;

ii.
F
the order summoning the-appellants passed by the
learned Metropolitan Magistrate, New Delhi dated
21.3.2005 would categorically show that there has
been a complete non-application of mind on the
part of the learned Magistrate;
G
iii. The High Court failed to consider the e-mails
.. exchanged between the parties which were
annexed to the complaint petition itself. Had the
said e-mails been taken into consideration, it could
have been shown that no allegation of dowry H
420 SUPREME COURT REPORTS [2009] 11 S.C.R.

A demand or misappropriation of her Streedhan had
4 -
been made therein;

iv. the complaint petition does not disclose that any
dowry has been demanded by the appellants or any
act on their part was likely to drive the woman to
8
commit suicide; which are the requisite ingredients
in regard to commission of an offence under
~
Section 498A of the IPC.
~

v. Only two purported instances have been given with
c regard to alleged commission of an offence against
the appellant No.1 and so far as the appellai1t No.2
is concerned, the allegations are only general in
nature.

D vi. The FIR in question and other spate of litigations
started by Monica against her husband and her
parents-in-law clearly show acts of mala fide on her .....

part inasmuch as she not only filed the complaint
petition in question but also filed an application for
grant of maintenance, a complaint petition under
E
Section 420 of the IPC wherein an order of
summoning had been issued as also an application
under Section 9 of the Hindu Marriage Act, 1955
for the purpose of harassing her in-laws but at the
same time she had been asking for mediation of
F their matrimonial dispute.

9. Mrs. Vinay Malhotra, the mother of the respondent, on
the other hand, urged that:

G i. the appellants had been harassing and torturing the
respondent in a systematic and planned manner to
break her marriage with their son so as to compel )
.
her to agree for a divorce on receiving some
amount.
H ii. Stridhan was entrusted to the appellants/their son
BHASKAR LAL SHARMA & ANR. v. MONICA 421

- -. [S.B. SINHA, J.]

and non-return thereof had been used as a coercive A
method to meet the unlawful demand of extracting
divorce by mutual consent

iii. Appellants had been taking different stands at
different time as although no statement has been B
made before the High Court that they had returned
the stridhan to the respondent; such a stand has
been taken for the first time in the Special Leave
Petition.

IV. the respondent in hei testimony having stated that c
the appellants had refused to call their son to India
and had refused to return the Stridhan unless the
proposal for divorce by mutual consent was
accepted by her, sufficiently established the offence
~ against them. D
'
._
v. the appellants having admitted offering of money to
the respondent for obtaining divorce by mutual
consent must be held to be guilty of commission of
offences.
E
vi. the appellants having offered a sum of Rs.25 lakhs
for divorce by mutual consent would clearly go to
show their mind-set that they have been considering
the marriage only in monetary terms and not of any
emotional values. F

The Parliament by Act No. 46 of 1983 with a view to
combat the menace of dowry deaths and harassment to woman
at the hands of her husband or his relatives introduced Section
498A and Section 3048 in the IPC. G
Section 498A reads as under:

"498-A. Husband or relative of husband or a woman
subjecting her to cruelty.-- Whoever, being the husband
or the relative of the husband of a woman, subjects such H
A
422 SUPREME COURT REPORTS (2009] 11 S.C.R.

woman to cruelty shall be punished with imprisonment for
.-
a term which may extend to three years and shall also be
liable to fine."

The 'Explanation' appended thereto defines cruelty to
mean: (i) any willful conduct which is of such a nature as is likely
8
to drive the woman to commit suicide or to cause grave injury
or danger to life, limb or health whether mental or physical of
the woman; or (ii) harassment of the woman where such
harassment is with a view to coercing her or any person related
to her to meet any unlawful demand for any property or valuable
C security or is on account of failure by her or any person related
to her to meet such demand.

Thus, the essential ingredients of the aforementioned
provisions are:
D
1. A woman must be married.

2. She must be subjected to cruelty.

3. Cruelty must be of the nature of:
E
(i) any willful conduct as was likely to drive such
woman:

a. to commit suicide;

F b. cause grave injury or danger to her life, limb,
either mental or physical;

(ii) harassment of such woman. (1) with a view to coerce
her to meet unlawful demand for property or valuable
security, (2) or on account of failure of such woman or by
G
any of hei: relation to meet the unlawful demand,

(iii) woman was subjected to such cruelty by: (1) husband
of that woman, or (2) any relative of the husband.

H For constitution an offence under Section 498A of the IPC,
BHASKAR LAL SHARMA & ANR. v. MONICA 423
[S.B. SINHA, J.]
.... -t
..... therefore, the ingredients thereof must be held to be existing. A

10. For proving the offence under Section 498A of the IPC,
the complainant must make allegation of harassment to the
extent so as to coerce her to meet any unlawful demand of
dowry, or any willful conduct on the part of the accused of such
B
a nature as is likely to drive the woman to commit suicide or to
cause grave injury or danger to life, limb or health. We do not
find any such allegation has been made or otherwise can be
A found out so as to enable us to arrive at an opinion that the
appellants prima facie have committed such an offence.
c
The complaint petition must also be readwith several other
documents which form part of the complaint petition. The
children from the first wife of Vikas were with Monica. Vikas
affirmed an affidavit so as to enable Monica to apply for their
passports. Vikas, therefore, wanted to have children with them. D

Monica sent an e-mail on 5.6.2004 to his mother stating
that Vikas sent an e-mail to her on 4.6.2004, which reads thus:

"My love bubbly.
E
Don't worry everything will be fine. I am very happy to have
found a person like you, who loves durjaya and surya like
me. Mona, pis. pray to Krishna to help me and help us to
do the right thing. I want to change my life to better, Iwant
to become a sincere devotee of the Lord, I never want to F
drink again, it puts me down. I want to pray regularly, we
must organize our time together to pray to the lord, we
must serve him together and everything will be alright. Pis.
try to go everyday to the temple and pray to the Lord for
us and our children, don't worry all will be ok. I am sorry to G
have caused you so much pain, I will. make it up to you,
promise. I love you my dear, take care.

HARE KRISHNA

Baba." H
424 SUPREME COURT REPORTS [2009) 11 S.C.R.

i ~.

A In an e-mail sent to everybody concerned explaining her ~-
behaviour vis-a-vis those of Vikas, she referred to even the e-
mails which was sent by Vikas to her to his mother.
11. It is not possible for us to deal with the contents of the
e-mails in great details but it is evident that the couple had
B developed incompatibility in respect of various aspects of life
including the one as to whether Monica did a favour to Vikas
by marrying him. They also include the children, her going out
of the home without informing any senior member of the house, "'
allegation of extra marital affairs against Vikas; her taking of
C detergent powder evidently to commit suicide; they had been
staying in separate rooms, differences in respect of carrying
of business, her becoming hysterical at some point of time.
Vikas even thought that she had been trying to black-mail him
by refusing to go back to India and threatening to commit
D suicide. The e-mails shows allegations, counter allegations and
explanations by Monica in relation thereto. In an e-mail dated
19.6.2004 by Vikas, it was stated:
"I have given a lot of thought to our situation and as you
told me many times before and yesterday also, that may
E be it is better that we split, I think that yes it is better to do
so. We both are not at all compatible to each other monica.
And it is not a wise decision to live this kind of life. I am
not interested to living 2 different lives in the same house
as you had once commented, I think this was on our first
F flight to Dubai. Anyway Monica I don't want anymore of this
and neither do you, we both have a lot of things we can
do with our lives, and I want to carry on now.
I am also going to leave congo and go somewhere else, I
am presently talking to dad about going on my own, but
G
its not easy as I don't have any money and only dad can
give me something to help me, anyway, congo is finished,
I hate that place.

I am not blaming you for anything, but it is better that we
H part, you also know this is better, and better to swallow the
BHASKAR LAL SHARMA & ANR. v. MONICA 425
.
/
~
[S.B. SINHA, J.]

pain now then live our lives like this. A

I am sorry.

Vikas."

In one of the e-mails Vinay Malhotra alleges humiliation by B
appellant No.2.

On 14.8.2004, Vikas writes to his father-in-law by e-mail,
which reads as under:

"I have never written nasty emails to your daughter, on the c
contrary I always respected her and sent her lovely and
sometimes erotic emails to light up our love life. But her
nagging and lies that she has kept on telling you have
made it difficult for me to try to live with a person like her.
Your daughter on many occasions threatened me by trying D
to suicide for example trying to jump out of a running car,
drinking poisonous substance, breaking things in my house,
etc. When she does not get her way she goes bizark. And
not only with me but on several occasions she fought with
my parents, this for me is difficult to accept. I have always E
been truthful to you and her, and if you think otherwise then
do as you please. I am not interested in continuir.g my
relationship with your daughter, this is how I feel and I
believe that we would not be happy together.
F
I have already asked my parents to speak to you and do
what has to be done in a civilized manner. If your daughter
thinks that I have insulted her or hurt her in anyway then
frankly she has some mental problem, I have done nothing
wrong, if I had done so then why until last week she was
G
so eager to come back to me, when I have told her already
that I don't think we can live together. I will not be coming
4
to India. I am too busy and I have asked my parents to
settle this with you, please remember that if you try to throw
dirt on me I will not stay put, I will protect my reputation.
H
426 SUPREME COURT REPORTS (2009] 11 S.C.R.

A This can go as far as you want, I don't fear anything • .
because I have nothing to fear.

I hope that you will do what is best for everyone, the ball in
is your court."
B A counter allegation was made by Anil Malhotra to Vikas,
which reads as under:

"After marriage things went well for sometime and then
A
suddenly you started crying foul. You along with my
c daughter came back to India on 25th May 2004. You
profusely apologized for treatment meted out to. my
daughter and reassured to behave in future and that you
were a gentleman. You and my daughter stayed at your
parents place during your India visit when things appeared
D to be falling in line. You left for Africa on 27th May 2004
leaving behind my daughter at your parental house so that
she could spend sometime with your parents and then join
you in South Africa after 10 days. After returning to Africa,
for sometime you kept on sending apologetic emails to my
daughter and then suddenly you told my daughter that you
E
were tired of hearing trivial complaints against her from
your mother. Thereafter, you started writing nasty emails
to my daughter, which is to your knowledge.

The main purpose of my writing this email is to express
F that anything that has to be done should be done with a
human face. For that matter you should come to India within
a week's time.

Suggesting you to re introspect may be a futile exercise.
G Rest assured, we are capable of meeting any situation in
dealing with a gentleman or a deceit.

May like to reply to this email." ~

There are many more e-mails exchanged between the
H couple as also their parents. However, in none of them any
BHASKAR LAL SHARMA & ANR. v. MONICA 427
[S.S. SINHA, J.]

allegation with regard to cruelty or breach of trust had been A
made. Such allegations are made for the first time in the
complaint petition as also in the application for grant of
maintenance.

12. Respondent, in her complaint petition, made the
8
following allegations against the appellants, which we may
notice:

Appellant No.1

. SH. BHASKAR LAL SHARMA -FATHER IN LAW c
Appellant No.2

SMT. VIMLA SHARMA - (MOTHER IN LAW)

1. He threatened the Complainant to finish her relationship D
with Mr. Vikas Sharma as she was trying to control their house,
... · children and the business (page 57)

1. She sent only two unmarried girls for Shagun instead
of seven (page 42)
E
2. He offered divorce by mutual consent on the payment
of Rs.25 lacs as compensation. He also refused to return the
clothes/jewelry unless the divorce by mutual consent is granted
by the complainant (Page 63)
~
F
2. She said that she would like the function of Engagement
Ceremony to be organized in a 5 Star Hotel (page 43)

3. She also advised the respondents to hold the marriage
ceremony at lscon Temple (page 44)
G
4. She also took all the gifts/cash given by the invitees/ ·
~ guests (page 46)

5. She made complaints on trivial matters. She ;kicked the
respondent VJith her leg and told that her mother is a liar (page
H
428 SUPREME COURT REPORTS [2009] 11 S.C.R.

A 51)

6. She poisoned the ears of her son (page 52).

7. She gave two used lady suits of her daughter to the
Complainant (page 57).
B
8. She gave perpetual sermons to the Complainant (page
58)

9. She told her son Vikas Sharma over phone that kids "
do not like anything prepared by the Complainant (page 59)
c
10. She humiliated and harassed by repeatedly saying that
her son would be divorced for the second time whereas the
Complainant would be divorced for the first time.

D Ex facie no case has been made out under Section 498A
of the IPC so far as the appellants are concerned.
~

13. The allegations relating to the place where the
marriage took place has nothing to do with an offence under
Section 498A of the IPC. Allegations that appellant No.2 kicked
E the respondent with her leg and told her that her mother to be
a liar may make out some other offence but not the one /
punishable under Section 498A. Similarly her allegations that
the appellant No.2 poisoned the ears of her son against the
respondent; she gave two used lady suits of her daughter to
F the complainant and has been given perpetual sermons to1tie
complainant could not be said to be offences punishable under
Section 498A. Even threatening that her son may be divorced
for the second time could not bring out the offence under
Section 498A of the IPC.
G
The scope of the aforementioned provisior:i came up for
consideration in some of the decisions of this Court. We may
notice a few.
•
In Noorjahan vs. State rep. by D. S.P, [(2008) 11 SCC 55],
H
BHASKAR LAL SHARMA & ANR. v. MONICA 429
[S.B. SINHA, J.]

this Court held: A

"16. Consequences of cruelty which are likely to drive a
woman to commit suicide or to cause grave injury or
danger to life, limb or health, whether mental or physical,
of the woman is required to be established in order to
8
bring home the application of Section 498-A IPC. Cruelty
has been defined in the Explanation for the purpose of
Section 498-A. Substantive Section 498-A IPC and
presumptive Section 113-8 of the Evidence Act have been
inserted in the respective statutes by the Criminal Law C
(Second Amendment) Act, 1983. It is to be noted that
Sections 304-8 and 498-A IPC cannot be held to be
mutually inclusive. These provisions deal with two distinct
offences. It is true that cruelty is a common essential to both
the sections and that has to be proved. The Explanation
to Section 498-A gives the meaning of "cruelty". - D

17. The object for which Section 498-A IPC was
introduced is amply reflected in the Statement of Objects
and Reasons while enacting the Criminal Law
(Amendment) Act, 1983 (46 of 1983). As clearly stated E
therein the increase in the number pf dowry death!?.. is a
matter of serious concern. The extent of the evil has been
commented upon by the Joint Committee of the Houses
to examine the work of the Dowry Prohibition Act, 1961.
In some cases, cruelty of the husband and the relatives of F
the husband which culminate in suicide by or murder of the
helpless woman concerned, constitute only a small fraction
involving such cruelty. Therefore, it was proposed to amend
IPC, the Code of Criminal Procedure, 1973 and the
Evidence Act suitably to deal effectively not only with cases G
of dowry deaths .but also cases of cruelty to married
women by the husband, in-laws and relatives. The avowed
object is to combat the menace of dowry death and
cruelty."

It was observed in the fact situation obtaining therein: H
430 SUPREME COURT REPORTS (2009] 11 S.C.R.

A "18. So far as the present appellant is concerned, the
evidence is inadequate to show that she was party to any
demand for dowry. In fact, PW 1 stated that when she went
to the place of her daughter the appellant was present
along with A-1 and A-2. The said A-1 demanded jewels
B and presentation of Rs. 5000 for Ramzan. She
accepted that she told A-1 and A-2 that she will send the
same within a week. The next statement of this witness is
very significant. She (the appellant) told that two months'
time will be sufficient for offering the presentation. In other
c words, she did not make any demand for dowry. That
aspect has been accepted by PW 1. Significantly, this
witness in her cross-examination had admitted that the
appellant is residing at Coimbatore for the last 35 years.
She has categorically admitted that while she went to the
house of her daughter, she (the appellant) was not present.
D
Therefore, there is no evidence to show that the appellant
was either present when the demand was made or she
herself made any demand."

In Sushi/ Kumar Sharma vs. Union of India & Ors. [(2005)
E 6 SCC 281], this Court held:

"10. The object for which Section 498-A I PC was
introduced is amply reflected in the Statement of Objects
and Reasons while enacting the Criminal Law (Second
F Amendment) Act 46 of 1983. As clearly stated therein the
increase in the number of dowry deaths is a matter of
serious concern. The extent of the evil has been
commented upon by the Joint Committee of the Houses
to examine the work of the Dowry Prohibition Act, 1961.
In some cases, cruelty of the husband and the relatives of
G
the husband which culminate in suicic;Je by or murder of the
helpless woman concerned, constitute only a small fraction
involving such cruelty. Therefore, it was proposed to amend
IPC, the Code of Criminal Procedure, 1973 (in short
"CrPC") and the Evidence Act suitably to deal effectively
H
BHASKAR LAL SHARMA & ANR. v. MONICA 431
[S.B. SINHA, J.]
~

not only with cases of dowry deaths but also cases of A
cruelty to married women by the husband, in-laws and
relatives. The avowed object is to combc:t the menace of
dowry death and cruelty.

19. The object of the provision is prevention of the dowry
B
menace. But as has been rightly contended by the
petitioner many instances have come to light where the
complaints are not bona fide and have been filed with
oblique motive. In such cases acquittal of the accused
does not in all cases wipe out the ignominy suffered during
and prior to trial. Sometimes adverse media coverage
c
adds to the misery. The question, therefore, is what
remedial measures can be taken to prevent abuse of the
well-intentioned provision. Merely because the provision is
constitutional and intra vires, does not give a licence to
unscrupulous persons to wreak personal vendetta or D
unleash harassment. It may, therefore, become necessary
for the legislature to find out ways how the makers of
frivolous complaints or allegations can be appropriately
dealf with. Till then the courts have to take care of the
situation within the existing framework. As noted above the E
object is to strike at the roots of dowry menace. But by
misuse of the provision a new legal terrorism can be
unleashed. The provision is intended to be used as a
shield and not as an assassin's weapon. If the cry of "wolf'
is made too often as a prank, assistance and protection F
may not be available when the actual "wolf' appears. There
is no question of the investigating agency and courts
casually dealing with the allegations. They cannot follow any
straitjacket formula in the matters relating to dowry tortures,
deaths and cruelty. It cannot be lost sight of that the G
ultimate objective of every legal system is to arrive at the
~ truth, punish the guilty and protect the innocent. There ii
no scope for any preconceived notion or view. It is
strenuously argued by the petitioner that the investigating
agencies and the courts start with the presumptions that H
I
432 SUPREME COURT REPORTS [2009] 11 S.C.R.

A the accused persons are guilty and that the complainant
is speaking the truth. This is too wide and generalised a
statement. Certain statutory presumptions are drawn which
again are rebuttable. It is to be noted that the role of the
investigating agencies and the courts is that of a watch
B og and not of a bloodhound. It should be their effort to s
e that an innocent person is not made to suffer on accoun
of unfounded, baseless and malicious allegations. It is equall
undisputable that in many cases no direct evidence is availabl
and the courts have to act on circumstantial evidence. W
c ile dealing with such cases, the law laid down relating to
circumstantial evidence has to be kept in view."

The jurisdiction of the High Court to quash an order of
summoning and/or a criminal proceeding as also this Court are
well known. The parties have relied upon the decisions of this
D Court in State of Haryana vs. Bhajan Lal (1992 (Supp.) 1 SCC
335]. We may notice the categories 1, 3, 5 and 7 mentioned
in Para 102 of the said decision, which are as under:

"(1) Where the allegations made in the first information
E 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.

)()()( )()()( )()()(
F
(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.
G
)()()( )()()( )()Q(

(5) Where the allegations made in the FIR or complaint are
so absurd and inherently improbable on the basis of which
no prudent person can ever reach a just conclusion that
H there is sufficient ground for proceeding against the
/

BHASKAR LAL SHARMA & ANR. v. MONICA 433
[S.B. SINHA, J.]

accused. A

)()()( )()()( )()()(

(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 8

' . on the accused and with a view to spite him due to private
and personal grudge."

{See. also Chunduru Siva F?am Krishna & Anr. vs. Peddi
Ravindra Babu & Anr. [2009 (4) SCALE 685], Kailashi Bai C
vs. Aarti Atya & Anr. [2009 (7) SCALE 304}

Does this case fall under any of the categories is the
question.

14. Before however, we consider the necessary D
ingredients of the aforementioned dicta vis-a-vis the facts
involved in the present case, we may also notice some other
decisions of this Court.

In Onkar Nath Mishra & Ors. vs. State (NCT of Delhi) & . E
Anr. [2008 (1) JCC 65], this Court opined as under:

"18. In the present case, from a plain reading of the
complaint filed by the complainant on 8-11-1994, extracted
above, it is clear that the facts mentioned in the complaint,
taken on their face value, do not make out a prima facie F
case against the appellants for having dishonestly
misappropriated the stridhan of the complainant, allegedly
handed over to them, thereby committing criminal breach
of trust punishable under Section 406 IPC. It is manifestly
clear from the afore extracted complaint as also the G
relevant portion of the charge-sheet that there is neither any
allegation of entrustment of any kind of property by the
complainant to the appellants nor its misappropriation by
them. Furthermore, it is also noted in the charge-sheet itself
that the complainant had refused to take articles back H
434 SUPREME COURT REPORTS (2009] 11 S.C.R.

A when this offer was made to her by the investigating officer.
Therefore, in our opinion, the very prerequisite of
entrustment of the property and its misappropriation by the
appellants are lacking in the instant case. We have no
hesitation in holding that the learned Additional Sessions
B Judge and the High Court erred in law in coming to the
conclusion that a case for framing of charge under Section
406 IPC was made out.

19. As regards the applicability of Section 498-A IPC, in •
the complaint dated 8-11-1994 there is not even a whisper
c of a wilful conduct of Appellants 1 and 2 of harassment of
the complainant at their hands with a view to coercing her
to meet any unlawful demand by them so as to attract the
provisions of Section 498-A read with Explanation thereto.
The complaint refers to the talk the complainant purports
D to have had with her husband, Appellant 3, who is alleged
to have told her to come to Bijnore if she apologises to
his father; keeps him happy; obeys his sister and talks to
her father (the complainant's) to give her Rs.50,000 and
VCR and brings these articles to Bijnore. We are
E .convinced that the allegation of misbehaviour on the part
of Appellants 1 and 2 and the demand of Rs. 50,000 and '

VCR by them made by the complainant in her subsequent
statement dated 4-4-1995, was an afterthought and not
bona fide." •
F
In Ramesh & Ors. vs. State of T.N. [{2005) 3 SCC 507],
it was opined:

"6. Before we proceed to deal with the two contentions
relating to limitation and territorial jurisdiction, we would like
G to consider first the contention advanced on behalf of the
appellant Gowri Ramaswamy. Looking at the allegations
i
in the FIR and the contents of charge-sheet, we hold that
none of the alleged offences viz. Sections 498-A, 406 !PC
and Section 4 of the Dowry Prohibition Act are made out
H against her. She is the married sister of the informant's
BHASKAR LAL SHARMA & ANR. v. MONICA 435
[S.B. SINHA, J.)
;
husband who is undisputedly living in Delhi with her family. A
Assuming that during the relevant time i.e. between March· 1
and October 1997, when the 6th respondent (informant)
lived in Mumbai in her marital home, the said lady stayed
with them for some days, there is nothing in the complaint
which connects her with an offence under Section 498-A B
or any other offence of which cognizance was taken.
Certain acts of taunting and ill-treatment of the informant
by her sister-in-law (the appellant) were alleged but they
do not pertain to dowry demand or entrustment and
misappropriation of property belonging to the informant. c
What was said against her in the FIR is that on some
occasions, she directed the complainant to wash·WC and
she used to abuse he·r and used to pass remarks such as
"even if you have got much jewellery, you are our slave". It
is further stated in the report that Gowri would make wrong
D
imputations to provoke her husband and would warn her
that nobody could do anything to her family. These
allegations, even if true, do not amount to harassment with
a view to coercing the informant or her relation to meet an
unlawful demand for any property or valuable security. At
E
the most, the allegations reveal that her sister-in-law Gowri
'·
was insulting and making derogatory remarks against her
and behaving rudely against her. Even acts of abetment
in connection with unlawful demand for property/dowry are
,; not alleged against her. The bald allegations made against
her sister-in-law seem to suggest the anxiety of the F
informant to rope in as many of the husband's relations as
possible. NBither the FIR nor the charge-sheet furnished
the legal basis to the Magistrate to take cognizance of the
offences alleged against the appellant Gowri Ramaswamy.
The High Court ought not to have relegated her to the G
ordeal of trial. Accordingly, the proceedings against the
.?
• appellant Gowri Ramaswamy are hereby quashed and her
appeal stands allowed."

In Chunduru Siva Ram Krishna & Anr. vs. Peddi H
•
436 SUPREME COURT REPORTS [2009] 11 S.C.R.

I'"
A Ravindra Babu & Anr. [supra], it is stated:

"17. The aforesaid discussion clearly pin-point the legal
position on the subject which is by now well settled. The
principle that could be culled out is that when at an initial
stage a prosecution is asked to be quashed, the test to
B
be applied by the court is as to whether the uncontroverted
allegations as made in the complaint filed prima facie
establish the offence. It is also for the court to take into
consideration any special feature that may appear in a
particular case while considering whether it is expedient
c and in the interest of justice to permit a prosecution to
continue. This is so on the basis that the court cannot be
utilized for any oblique purpose. The. tests that are laid
down in the case of Bhajan Lal (supra) are required to be
applied very carefully and minutely when a prayer for
D quashing is laid down before the Court."

In Devendra & Ors. vs. State of U.P. & Anr. (2009 (7) .
SCALE 613], it has been held:

"26. There is no dispute with regard to the aforementioned
E
propositions of law. However, it is now well-settled that the ,
High Court ordinarily would exercise its jurisdiction u.nder
Section 482 of the Code of Criminal Procedure if the
allegations made in the First Information Report, even if
given face value and taken to be correct in their entirety, •
F
do not make out any offence. When the allegations made
in the First Information Report or the evidences collected
during investigation do not satisfy the ingredients of an
offence, the superior courts would not encourage 1-

harassment of a person in a criminal court for nothing."
G
Reliance has been placed by Mr. Malhotra on the decision
of this Court in Mahi/a Vinod Kumari vs. State of Madhya .,..._
Prfldesh [2008 (10) SCALE 97]. We are not concerned with
•
the same as the same deals with the question of perjury.
H
BHASKAR LAL SHARMA & ANR. v. MONICA 437
[S.B. SINHA, J.]

The complainant further did not stop there but also filed a A
complaint petition that she was cheated as Vikas and his
parents did not disclose about his marital state of affairs in
regard to the first marriage and/or the decree of divorce
obtained by him. We do not intend to make any comment with
regard to the correctness or otherwise of the statements made B
therein as the matter is not before us.

15. We have, however, made note of the litigations filed
between the parties in great detail. These litigations, if a holistic
view is taken, depict a sad state of affairs, namely, that the C
respondent, on the one hand, intends to take all coercive
measures to secure the presence of her husband and the
appellants in India in various cases filed by her and, on the
other hand, she had repeatedly been making attempts of
conciliation. Endeavour/conciliations were made by the Delhi
High Court as also this Court at various stages. The High Court, D
as indicated hereinbefore, in its order dated 6.10.2005 passed
in Criminal Revision No. 452 of 2005 categorically held that the
marriage has irretrievably broken down. Be that as it may, w~
are of the opinion that ~eeping in view the ingredients of the
provisions of Sections 498A of the IPC, no case has been E
made out against the appellants herein.

16. We may now consider the question as to whether the
complaint petition discloses any offence under Section 406 of
thelPC. F

At the outset, we may "notice as to what is 'Streedhana'

In Rashmi Kumar (Smt.) vs. Mahesh Kumar Bhada _
[(1997) 2 SCC 397], the meaning of Stridhana has been taken
from Mayne's Hindu Law & Usage (13th Edn.). It was opined:- G

"9. A woman's power of disposal, independent of her
husband's control, is not confined to saudayika but extends
to other properties as well. Devala says: "A woman's
maintenance (vritti), ornaments, perquisites (sulka), gains
H
438 SUPREME COURT REPORTS (2009] 11 S.C.R.
,,,.
t ..-
'
A. (labha), are her stridhana. She herself has the exclusive
right to enjoy it. Her husband has no right to use it except
in distress .... " In N.R. Raghavachariar's Hindu Law -
Principles and Precedents, (8th Edn.) edited by Prof. S.
Venkataraman, one of the renowned Professors of Hindu
B Law para 468 deals with "Definition of Stridhana". In para
469 dealing with "Sources of acquisition" it is stated that
the sources of acquisition of property in a woman's
possession are: gifts before marriage, wedding gifts, gifts Ir

subsequent to marriage etc. Para 470 deals with "Gifts to
c a maiden". Para 471 deals with "Wedding gifts" and it is
stated therein that properties gifted at the time of marriage
to the bride, whether by relations or strangers, either
Adhiyagni or Adhyavahanika, are the bride's stridhana. In
para 481 at page 426, it is stated that ornaments
presented to the bride by her husband or father constitute
D
her Stridhana property. In para 487 dealing with "powers
during coverture" it is stated that saudayika meaning the
gift of affectionate kindred, includes both Yautaka or gifts
received at the time of marriage as well as its negative
Ayautaka. In respect of such property, whether given by gift
E
or will she is the absolute owner and can deal with it in any
way she likes. She may spend, sell or give it away at her
own pleasure.

10. It is thus clear that the properties gifted to her before
F the marriage, at the time of marriage or at the time of
giving farewell or thereafter are her stridhana properties.
It is her absolute property with all rights to dispose at her
own pleasure. He has no cor.itrol over her stridhana
property. Husband may use it during the time of his
G distress but nonetheless he has a moral obligation to
restore the. same or its value to his wife. Therefore,
stridhana property does not become a joint property of the .
wife and the husband and the husband has no title or
independent dominion over the property as owner thereof."
H
-
'
.~
BHASKAR LAL SHARMA & ANR. v. MONICA
[S.B. SINHA, J.]
It was furthermore held:
439

A

- " ... The expression "entrustment" carries with it the
implication that the person handing over any property or
on whose behalf that property is handed over to another,
continues to be its owner. Entrustment is not'necessarily
a term of law. It may have different implications in different B
contexts. In its most general significance, all its imports is
handing over the possession for some purpose which may
not imply the conferment of any proprietary right therein.
The ownership or beneficial interest in the property in
respect of which criminal breach of trust is alleged to have c
been committed, must be in some person other than the
accused and the latter must hold it on account of some
person or in some way for his benefit.. .. "
The offence of criminal breach of trust as defined in Section D
405 of the IPC may be held to have been committed when a
} person who had been entrusted in any manner with the property
or has otherwise dominion over it, dishonestly misappropriates
it or converts it to his own use, or dishonestly uses it, or
disposes it of, in violation of any direction of law prescribing
E
the mode in which the trust is to be discharged, or of any lawful
contract, express or implied, made by him touching such
discharge, or willfully suffers any other person so to do.
The essential ingredients for establishing an offence of
criminal breach of trust as defined in Section 405 and F
punishable under Section 406 IPC with sentence for a period
up to three years or with fine or with both, are:

(i) entrusting any person with property or with any dominion
over property;
G
(ii) the person entrusted dishonestly misappropriating or
~ converting to his own use that property; or dishonestly using or
disposing of that property or wilfully suffering any other person
so to do in violation of any direction of law prescribing the mode
in which such trust is to be discharged, or of any legal contract H
A
440 SUPREME COURT REPORTS

made touching the discharge of such trust.
(2009] 11 S.C.R.
-
'

We have noticed heretobefore that the correspondences
exchanged between the spouses or by and between Vikas and
his in-laws do not disclose any allegation which would amount
to criminal misconduct on the part of the appellants.
8
With the aforementioned backdrop of events, we may now
notice the allegations made in the complaint petition filed by
the respondent against the appellants.

C The only allegation which brings the case within the purview
of Section 406 is that appellant No.2 had taken all the gifts/
cash given by the invitees/guests. Technically, this allegation
would attract the definition of breach of trust within the meaning
of Section 405 of the IPC.
D Entrustment of some properties and/or dominion over
them, if any, therefore, is attributed only against the appellant
No.2. Other allegations made against the appellants are general
in nature.

E Entrustment is said to have been made to the appellants
and/or their son.
No definite case of entrustment of any property has been
made against the appellant No.1.

F He is only said to have given back to the complaina'nt's
parent the entire cloth and jewelry. No demand was made by
the respondent.
Offering of Rs.25 lakhs for grant of divorce by mutual
consent as compensation to the complainant, which is three
G times of the amount of the value of 'Streedhana' and/or amount
spent by the complainant's father per se does not constitute any ·
offence of Section 406 of the Code.
Any gift made to the bridegroom or his parents - whether
H in accordance with any custom or otherwise also would not
BHASKAR LAL SHARMA & ANR. v. MONICA 441
[S.B. SINHA, J.]

constitute any offence under Section 406 of the Code. A

In State of Punjab vs. Pritam Chand & Ors. [2009 (2)
SCALE 457], it has been held:

"4. Section 406 IPC deals with punishment for criminal
breach of trust. IQ a case under Section 406 the B
prosecution is required to prove that the accused was
entrusted with property or he had dominion over the
property and that the accused misappropriated or
converted the property to his own use or used or disposed
of the property or willfully suffered any person to dispose C
of the property dishonestly or in violation of any direction
of law prescribing the mode in which the entrusted property
should be dealt with or any legal contract express or
implied which he had entered into relating to carrying out
of the trust." D
I
·~ {See also Harmanpreet Singh Ahluwalia & Ors. vs. State
of Punjab & Ors. [2009 (7) SCALE 85]}

We, therefore, are of the opinion that prima facie a case
under Section 406 of the IPC has been made out only against E
appellant No.2.

17. Before parting, we may observe that courts at all levels
have made endeavours to bring about a settlement between
the parties. The High Court in the earlier round of proceedings
F
probably rightly observed that the marriage between the Monica
and Vikas has irretrievably been broken down.

18. The appeals are allowed to the extent mentioned
hereinabove.
G
19. The summoning order dated 21.3.2005 passed
~ against the appellants except Appellant No.2 is set aside. It is
clarified that the proceedings can continue only against the
appellant No.2, that too in respect of Section 4.06 IPC only.

G.N. Appeals allowed.