Abhishek vs State of Madhya Pradesh

Court

Supreme Court of India

Date

31 August 2023

Case No.

Criminal Appeal No. 1457 of 2015

Result

Allowed

Bench

Aniruddha Bose, Sanjay Kumar, Sarasa Venkatanarayana Bhatti

Citation

[2023] 11 S.C.R. 507 : 2023 INSC 779

Issue for consideration

The question pertains to quashing of the FIR and the Criminal Case pending before the magistrate against the appellants, mother-in-law and two brother-in-laws u/s. 498A IPC and ss. 3 and 4 of the Dowry Prohibition Act, 1961.

Headnote

Penal Code 1860 – s. 498A – Dowry Prohibition Act 1961 – ss. 3 and 4 – Harassment for dowry – In the midst of matrimonial dispute between husband and wife, complaint by wife-daughter-in-law against her mother-in-law and brother-in-laws alleging that they subjected her to mental and physical harassment for dowry – Quashing of criminal proceedings:

Held: There were certain glaring inconsistencies and discrepancies – Wife after leaving her matrimonial home did not choose to make a complaint against her in-laws in relation to dowry harassment for four year till the husband instituted divorce proceedings – Her allegations are mostly general and omnibus in nature, without any specific details as to how and when her in-laws, who lived in different cities subjected her to harassment for dowry – Complaint shows that her motives were not clean and she clearly wanted to wreak vengeance against her in-laws – Allegations are wholly insufficient and, prima facie, and do not make out a case – They are so farfetched and improbable that no prudent person can conclude that there are sufficient grounds to proceed against them – Permitting the criminal process to go on against the in-laws would, thus, result in clear and patent injustice – Thus, a fit case for the High Court to exercise its inherent power u/s. 482 to quash the FIR and the consequential proceedings – FIR and the criminal case against the in-laws are quashed – Code of Criminal Procedure, 1973 – s. 482. [Paras 18-23]

Code of Criminal Procedure, 1973 – s. 482 – Quashing of FIR – When chargesheet was filed by the police while the petition filed u/s.

482 was pending – Power of the High Court:

Held: High Court would continue to have the power to entertain and act upon a petition filed u/s. 482 to quash the FIR even when a chargesheet is filed by the police during the pendency of such petition. [Para 11] LIST OF CITATIONS AND OTHER REFERENCES

Joseph Salvaraj A. vs. State of Gujarat and others (2011) 7 SCC 59 : [2011] 8 SCR 815; Anand Kumar Mohatta and another vs. State (NCT of Delhi), Department of Home and another (2019) 11 SCC 706 : [2018]

JUDGMENT / ORDER OF THE SUPREME COURT JUDGMENT SANJAY KUMAR, J. 1. Bhawna, the second respondent in Criminal Appeal No. 1456 of 2015, married Nimish Gour in the year 2007. He, however, secured a decree of divorce on 05.09.2019 dissolving their marriage. Bhawna preferred First Appeal No. 1876 of 2019 against the said divorce decree and the same is stated to be pending consideration before the Madhya Pradesh High Court. The appellants in the present appeals were Bhawna’s in-laws. Kusum Lata was her mother-in-law while Abhishek and Sourabh were her brothers-inlaw. 2. Bhawna married Nimish on

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