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Criminal · Reportable judgment

Kahkashan Kausar @ Sonam & Ors. vs State of Bihar & Ors.

Court
Supreme Court of India
Date
8 February 2022
Case No.
Criminal Appeal No. 195 of 2022
Result
Allowed
Bench
S. Abdul Nazeer, Krishna Murari
Citation
[2022] 1 S.C.R. 558 : 2022 INSC 163
Supreme Court Reports [2022] 1 S.C.R. 558 : 2022 INSC 163
Headnote

Penal Code, 1860: s.498-A – Purpose of enactment of s.498A and misuse of the said section – Discussed.

Penal Code, 1860: s.498-A – Complaint against in-laws – Complainant alleged that ‘all accused harassed her mentally and threatened her of terminating her pregnancy’ – No specific and distinct allegations made against either of the accused i.e., none of the appellants were attributed any specific role in furtherance of the general allegations made against them – Allegations were, therefore, general and omnibus and can at best be said to have been made out on account of small skirmishes – Therefore, it would be unjust if the appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the complainant’s husband are forced to undergo trial.

Allowing the appeal, the Court

Read the full headnote (6 more paragraphs)

HELD: Incorporation of section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws, by facilitating rapid state intervention. However, in recent times, matrimonial litigation in the country has also increased significantly and there is a greater disaffection and friction surrounding the institution of marriage, now, more than ever. This has resulted in an increased tendency to employ provisions such as 498A IPC as instruments to settle personal scores against the husband and his relatives. This court has at numerous instances expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. False implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them. In the facts of this case, upon a perusal of the contents of the FIR, it is revealed that general allegations are levelled against the Appellants. The complainant alleged that ‘all accused harassed her mentally and threatened her of terminating her pregnancy’. Furthermore, no specific and distinct allegations have been made against either of the appellants. This simply leads to a situation wherein one fails to ascertain the role played by each accused in furtherance of the offence. [Paras 12, 18, 19][563-G-H; 567-E-H; 568-A-B]

Rajesh Sharma and Ors. v. State of U.P. & Anr. (2018)

10 SCC 472; Arnesh Kumar v. State of Bihar and Anr. (2014) 8 SCC 273 : [2014] 8 SCR 128; Preeti Gupta & Anr. v. State of Jharkhand & Anr. (2010) 7 SCC 667 : [2010] 9 SCR 1168; Geeta Mehrotra & Anr. v. State of UP & Anr. (2012) 10 SCC 741: [2012] 9 SCR 641; K. Subba Rao v. The State of Telangana (2018) 14 SCC

452 – relied on.

Lalita Kumari v. Government of U.P. & Ors. (2014) 2 SCC1 : [2013] 14 SCR 713; Social Action Forum for Manav Adhikar & Anr. v. Union of India, Ministry of Law And Justice & Ors. (2018) 10 SCC 443 : [2018]

12 SCR 19; Rajesh Bajaj v. State of NCT of Delhi & Ors. (1999) 3 SCC 259 : [1993] 3 SCR 930 – referred to.

As published in the Supreme Court Reports, Supreme Court of India. Text from the Indian Supreme Court Judgments open data set (Dattam Labs), CC BY 4.0.

Full Judgment Text

The Judgment of the Court was delivered by KRISHNA MURARI, J. 1. Leave granted. 2. This appeal is directed against the judgment and order dated 13.11.2019 passed by the High Court of Patna in Criminal Writ Petition No. 1492 of 2019, filed by the Appellants under Section 482 of the Code of Criminal Procedure (hereinafter referred to as ‘CrPC’) challenging the FIR No. 248/2019 dated 01.04.2019 implicating the Appellants for offences under Sections 341, 323, 379, 354, 498A read with Section 34 of the Indian Penal Code (hereinafter referred to as ‘IPC’). The High Court vide order impugned herei
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