Most. Sunita Devi v. The State Of Bihar

IN THE HIGH COURT OF JUDICATURE AT PATNA

CRIMINAL MISCELLANEOUS No.56298 of 2019 Arising Out of PS. Case No.-100 Year-2019 Thana- RUPASPUR District- Patna ====================================================== 1.

Most. Sunita Devi Wife of Late Binay Singh Resident of VillageRaupaspur, P.S.- Rupaspur, District- Patna. 2.

Sanjew Kumar @ Monu Kumar @ Sanjit Kumar @ Monu Son of Late Binay Singh Resident of Village- Raupaspur, P.S.- Rupaspur, District- Patna. 3.

Abhishek Aryan @ Rahul Kumar Son of Sri Pramod Kumar @ Pramod Kumar Sinjgh Resident of Village- Raupaspur, P.S.- Rupaspur, DistrictPatna. 4.

Shobha Devi Wife of Sri Pramod Kumar @ Pramod Kumar Singh Resident of Village- Raupaspur, P.S.- Rupaspur, District- Patna. ... ... Petitioners

Versus

1.

The State of Bihar 2.

Subhadra Kumari @ Dolly Kumari Wife of Rajeev Raj @ Sonu Kumar, D/o Om Prakash Singh Resident of Amath, P.O.- Karaipersurai, P.S.- Chiksaura, District- Nalanda, Pin No.- 801304.

... ... Opposite Parties ====================================================== Appearance :

For the Petitioner/s :

Mr.Ashok Kumar Sinha, Advocate For the O.P. No.2 :

Mr.Rishi Sinha, Advocate For the State :

Dr.Mrityunjaya Kr.Gautam, APP ====================================================== CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA ORAL JUDGMENT Date : 22-04-2024 Heard learned counsel for the petitioners and learned A.P.P. for the State duly assisted by learned counsel for the opposite party no. 2.

2. This application has been filed to quash the order dated 20.07.2019 passed by learned Additional Chief Judicial Magistrate - II, Danapur in connection with Rupaspur P.S. Case No. 100 of 2019 whereby and

2/8 whereunder learned jurisdictional Magistrate has taken cognizance against the petitioners for the offence under Section 498-A and 34 of the Indian Penal Code (in short the 'I.P.C.') and Section 3/4 of the Dowry Prohibition Act (in short the "D.P. Act").

3. The brief facts of the case is that the marriage of informant was solemnized with accused namely, Rajeev Raj @ Sonu Kumar as per Hindu customs and rites in the year 2017, thereafter she was living in her sasural. After some days, all the in-laws members started demanding a cash of Rs. 10 Lakhs, a bullet motorcycle and golden chain as dowry and when father of the informant refused to fulfill their demand, they used to abuse, assault and torture the informant. She further alleged that all the accused persons again on 25.02.2019 assaulted her and forcibly ousted from her matrimonial home. She anyhow reached her parent's house and narrated about the happenings before her father.

4. On the basis of aforesaid, the instant case bearing Rupaspur P.S. Case No. 100 of 2019 has been filed under Section 498-A/34 of the Indian Penal Code and

3/8 Section 3/4 of the D.P. Act against the petitioners and coaccused Rajeev Raj @ Sonu Kumar, accordingly, police started investigation and submitted charge-sheet under Section 498-A/34 of the Indian Penal Code and Section 3⁄4 of the D.P. Act.

5. Learned counsel appearing on behalf of the petitioners submitted that petitioners have been falsely implicated in the present case. Learned counsel submits that petitioner no. 1 is widow mother-in-law, petitioner no. 2 is Dewar of the informant, whereas petitioner no. 3 is cousin Dewar and petitioner no. 4 is cousin mother-in-law of the informant having no concern with the mess and business with the informant and her husband against whom allegation as to commit cruelty and demanding dowry are very much general and omnibus.

6. Learned counsel submits that due to quarrel behaviour of the informant, as she threatened to implicate the entire her in-laws family members in criminal case, her husband had already given informatory petition before the learned Chief Judicial Magistrate, Patna on 08.11.2017

4/8 bearing Informatory Petition No. 3363/2017. Learned counsel further submits that the informant left the matrimonial house on 05.08.2017 without informing her husband and ultimately when she refused to live with her husband, her husband filed matrimonial case No. 1034/2018 dated 11.09.2018 before learned Principal Judge, Family Court, Patna for dissolution of marriage.

7. In view of the aforesaid factual submission, learned counsel for the petitioners submitted that the present proceeding against petitioners, who are in-laws, is fit to be quashed and set-aside. In support of his submission, learned counsel relied upon the legal report of Hon'ble Supreme Court in the case of Abhishek vs. State of Madhya Pradesh reported in 2023 SCC Online SC 1083.

8. Learned A.P.P. for the State duly assisted by learned counsel for the informant, while opposing the application, submitted that allegation as to commit cruelty and demand of dowry are available against the petitioners as per narration of F.I.R.

9. It would be apposite to reproduce para-13, 14,

5/8 15, 16 & 17 of the legal report of Hon'ble Supreme Court in the case of Abhishek (supra), which are as under:- "13. Instances of a husband's family members filing a petition to quash criminal proceedings launched against them by his wife in the midst of matrimonial disputes are neither a rarity nor of recent origin. Precedents aplenty abound on this score. We may now take note of some decisions of particular relevance. Recently, in Kahkashan Kausar alias Sonam v. State of Bihar [(2022) 6 SCC 599], this Court had occasion to deal with a similar situation where the High Court had refused to quash a FIR registered for various offences, including Section 498A IPC.

Noting that the foremost issue that required determination was whether allegations made against the in-laws were general omnibus allegations which would be liable to be quashed, this Court referred to earlier decisions wherein concern was expressed over the misuse of Section 498A IPC and the increased tendency to implicate relatives of the husband in matrimonial disputes. This Court observed that false implications by way of general omnibus allegations made in the course of matrimonial disputes, if left unchecked, would result in misuse of the process of law. On the facts of that case, it was found that no specific allegations were made against the in-laws by the wife and it was held that allowing their prosecution in the absence of clear allegations against the in-laws would result in an abuse of the process of law.

It was also noted that a criminal trial, leading to an eventual acquittal, would inflict severe scars upon the accused and such an exercise ought to be discouraged.

14. In Preeti Gupta v. State of Jharkhand [(2010) 7 SCC 667], this Court noted that the tendency to implicate the husband and all his immediate relations is also not uncommon in complaints filed under Section 498A IPC. It was observed that the Courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases, as allegations of harassment by husband's close relations, who were living in different cities and never visited or rarely visited the place where the complainant resided, would add an entirely different complexion and such allegations would have to be scrutinised with great care and circumspection.

15. Earlier, in Neelu Chopra v. Bharti [(2009) 10 SCC 184], this Court observed that the mere mention of statutory provisions and the language thereof, for lodging a complaint, is not the 'be all and end all' of the matter, as what is required to be brought to the notice of the Court is the particulars of the offence committed by each and every

6/8 accused and the role played by each and every accused in the commission of that offence. These observations were made in the context of a matrimonial dispute involving Section 498A IPC.

16. Of more recent origin is the decision of this Court in Mahmood Ali v. State of U.P. (Criminal Appeal No. 2341 of 2023, decided on 08.08.2023) on the legal principles applicable apropos Section 482 Cr. P.C. Therein, it was observed that when an accused comes before the High Court, invoking either the inherent power under Section 482 Cr. P.C. or the extraordinary jurisdiction under Article 226 of the Constitution, to get the FIR or the criminal proceedings quashed, essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive of wreaking vengeance, then in such circumstances, the High Court owes a duty to look into the FIR with care and a little more closely.

It was further observed that it will not be enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not as, in frivolous or vexatious proceedings, the Court owes a duty to look into many other attending circumstances emerging from the record of the case over and above the averments and, if need be, with due care and circumspection, to try and read between the lines.

17. In State of Haryana and Ors. Vs. Bhajan Lal and Ors [(1992) Supp (1) SCC 335], this Court had set out, by way of illustration, the broad categories of cases in which the inherent power under Section 482 Cr. P.C. could be exercised. Para 102 of the decision reads as follows: '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 give the following categories of cases by way of illustration wherein 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.

7/8

(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 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 Act concerned (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 Act concerned, 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 view of the aforesaid factual and legal submissions and by taking note of the fact that petitioner no. 1 is widow mother-in-law, petitioner no. 2 is Dewar (brotherin-law) of the informant, whereas petitioner no. 3 is cousin

8/8 Dewar and petitioner no. 4 is cousin mother-in-law of the informant having no concern with the mess and business with the informant and her husband, where nature of allegation/accusation is very much general and omnibus against the petitioners, hence, by taking note of the guidelines as discussed in the case of Abhishek (supra), the impugned order dated 20.07.2019 passed by learned Additional Chief Judicial Magistrate - II, Danapur in connection with Rupaspur P.S. Case No. 100 of 2019 qua petitioners is hereby quashed and set-aside with all its consequential proceedings.

11. The application stands allowed.

12. Let a copy of this judgment be sent to learned trial court immediately.

(Chandra Shekhar Jha, J.) Rajeev/- AFR/NAFR NAFR CAV DATE NA Uploading Date 24.04.2024 Transmission Date 24.04.2024