Santosh Kumar Yadav @ Santosh Kumar @ … vs State Of Bihar And Anr on 7 July, 2026

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    Patna High Court – Orders

    Santosh Kumar Yadav @ Santosh Kumar @ … vs State Of Bihar And Anr on 7 July, 2026

    Author: Sunil Dutta Mishra

    Bench: Sunil Dutta Mishra

             IN THE HIGH COURT OF JUDICATURE AT PATNA
                      CRIMINAL MISCELLANEOUS No.439 of 2018
           Arising Out of PS. Case No.-36 Year-2014 Thana- CHAND District- Kaimur (Bhabua)
         ======================================================
         Santosh Kumar Yadav @ Santosh Kumar @ Guddu son of Haridwar Yadav,
         resident of Village- Chand, P.S.- Chand, District- Kaimur Bhabua at present
         residing at New Majari Colliery, Chaitanya Colony, Q- C- 148, Shivaji Nagar,
         P.S. Majri, P.O. Shivaji Nagar, District- Chadrapur, Maharastra, Pin Code-
         442503.
    
                                                                          ... ... Petitioner/s
                                               Versus
    1.   The State of Bihar
    2.   Anita Kumari, Daughter of Bimal Prasad Singh, resident of Village-
         Bhatwalia, P.S.- Kudra, District- Kaimur.
    
                                                ... ... Opposite Party/s
         ======================================================
                                                with
                     CRIMINAL MISCELLANEOUS No. 1336 of 2018
           Arising Out of PS. Case No.-36 Year-2014 Thana- CHAND District- Kaimur (Bhabua)
         ======================================================
    1.    Haridwar Yadav @ Haridwar Singh Yadav son of late Jhumri Yadav
    2.   Fulmati Devi wife of Haridwar Yadav
    3.   Manoj Kumar @ Manoj Kumar Yadav son of Haridwar Yadav all are
         residents of village - Chand, P.S. - Chand, District - Kaimur Bhabua at
         present residing at New Majari Collier, Chaitanya Colony, Q - C - 148,
         Shivaji Nagar, P.S. Majri, P.O. Shivaji Nagar, District Chandrapur,
         Maharastra, Pin Code - 442503.
    4.   Kiran Devi @ Kiran Devi wife of Manoj Kumar
    5.   Manoj Kumar @ Manoj Rajendra Yadav son of Rajendra Yadav Both are
         residents of Majari, P.S. Majri, P.O. Shivaji Nagar, District Chandrapur,
         Maharastra.
    
                                                                          ... ... Petitioner/s
                                               Versus
    1.   The State of Bihar
    2.   Anita Kumari Daughter of Bimal Prasad Singh resident of Village -
         Bhatwalia, P.S. - Kudra, District - Kaimur.
    
                                                ... ... Opposite Party/s
         ======================================================
         Appearance :
         (In CRIMINAL MISCELLANEOUS No. 439 of 2018)
         For the Petitioner/s     : Mr. Anjani Kumar Jha, Advocate
                                    Mr. Vishwa Shri Rajendra, Advocate
         For the Opposite Party/s : Mr. Ram Bilash Roy Raman, APP
                                    Mr. Nagendra Prasad Yadav, Advocate
               Patna High Court CR. MISC. No.439 of 2018(13) dt.07-07-2026
                                                          2/12
    
    
    
    
                      (In CRIMINAL MISCELLANEOUS No. 1336 of 2018)
                      For the Petitioner/s     : Mr. Anjani Kumar Jha, Advocate
                                                 Mr. Vishwa Shri Rajendra, Advocate
                      For the Opposite Party/s : Mr. Shailendra Kumar -1, APP
                                                 Mr Nagendra Prasad Yadav, Advocate
                      ======================================================
                      CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                            ORAL ORDER
    
    13   07-07-2026

    Reg.:-CRIMINAL MISCELLANEOUS No.439 of 2018

    1. Heard learned counsel for the parties and learned

    SPONSORED

    APP for the State.

    2. This petition has been filed under Section 482 of

    Cr.P.C. for quashing the order dated 06.09.2017 passed by

    learned Sessions Judge, Kaimur at Bhabua in Cr. Revision No.

    95 of 2017 as well as the order dated 27.04.2017 passed by

    learned A.C.J.M.-V, Bhabua in Chand P.S. Case No. 36 of 2014.

    3. After some arguments, learned counsel for the

    petitioner submits that this case may be disposed of with liberty

    to the petitioner to take all the points as raised in this petition,

    before the learned Trial Court at appropriate stage in accordance

    with law.

    4. Learned APP for the State and learned counsel of

    O.P. No.2 have no objection to this prayer of the petitioner.

    5. In view of the above, this case stands disposed of

    with liberty to the petitioner, as prayed for.

    Reg.:-CRIMINAL MISCELLANEOUS No. 1336 of 2018

    6. Heard learned counsel for the parties and learned
    Patna High Court CR. MISC. No.439 of 2018(13) dt.07-07-2026
    3/12

    APP for the State.

    7. The present Criminal Miscellaneous application has

    been preferred under Section 482 of the Code of Criminal

    Procedure for quashing the order dated 06.09.2017 passed by

    the learned Sessions Judge, Kaimur at Bhabhua in Criminal

    Revision No. 95 of 2017, whereby the revision application

    preferred by the petitioners against the order dated 27.04.2017

    has been rejected, and further for quashing the order dated

    27.04.2017 passed by the learned A.C.J.M.-V, Kaimur at

    Bhabhua arising out of Chand P.S. Case No. 36 of 2014,

    whereby the petitioners’ discharge application has been

    dismissed.

    8. Earlier, vide order dated 22.06.2026, the present

    quashing application with respect to petitioner no. 2, namely,

    Fulmati Devi has already been dismissed as withdrawn since

    she died during the pendency of the case.

    9. The prosecution case, as set out in the FIR., is that

    the marriage of the informant (O.P. No.2) with Santosh Kumar

    Yadav (co-accused) was solemnized in the year 2004. At the

    time of marriage, sufficient cash, ornaments, household articles

    and a motorcycle were allegedly given as gift. It is alleged that

    after the marriage, the O.P No.2 was subjected to cruelty by her
    Patna High Court CR. MISC. No.439 of 2018(13) dt.07-07-2026
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    husband and in-laws on account of dissatisfaction with the

    articles given in marriage. Subsequently, the husband allegedly

    demanded a four-wheeler car and, upon non-fulfilment of the

    said demand, the O.P No.2 was subjected to physical and mental

    cruelty by her husband and petitioners herein. It is further

    alleged that when O.P. No.2 came to know about the proposed

    second marriage of her husband and protested, she was

    assaulted by her husband and petitioners and was driven out of

    her matrimonial home after snatching her clothes and jewellery.

    On the basis of the aforesaid allegations, an FIR bearing Chand

    P.S. Case No. 36 of 2014 was instituted under section 498A read

    with section 34 of the Indian Penal Code against present

    petitioners and husband of O.P. No.2 on 16.06.2014.

    10. Upon completion of investigation, the

    Investigating Officer submitted charge-sheet under Section

    498A read with Section 34 of the Indian Penal Code and

    Sections 3 and 4 of the Dowry Prohibition Act against accused

    persons except petitioner nos. 4 and 5. Thereafter, the learned

    Judicial Magistrate 1st Class, Kaimur at Bhabhua, vide order

    dated 04.09.2015, took cognizance of the aforesaid offences

    against the petitioners and husband of O.P. No.2. The petitioners

    thereafter preferred an application for discharge. However, the
    Patna High Court CR. MISC. No.439 of 2018(13) dt.07-07-2026
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    learned A.C.J.M.-V, Kaimur at Bhabhua, vide order dated

    27.04.2017, rejected the prayer for discharge. Aggrieved by the

    said order, the petitioners preferred Criminal Revision No. 95 of

    2017 before the learned District & Sessions Judge, Kaimur at

    Bhabhua. The learned Sessions Judge, vide order dated

    06.09.2017, dismissed the revision application at the stage of

    admission on the ground that allegation as made FIR gets

    support from statements of material witnesses mentioned in

    paras 2, 3, 4 and 5 of case diary. Aggrieved thereby, the

    petitioners have preferred the present application under Section

    482 of the Code of Criminal Procedure seeking quashing of the

    orders dated 27.04.2017 and 06.09.2017, as well as the entire

    criminal proceeding arising out of Chand P.S. Case No. 36 of

    2014 insofar as the surviving petitioners are concerned.

    11. Learned counsel for the petitioners submits that

    the impugned orders dated 27.04.2017 and 06.09.2017 have

    been passed in a routine and mechanical manner without proper

    appreciation of the materials available on record. Learned

    Counsel further submits that the allegations made in the FIR are

    vague, omnibus and general in nature and no specific overt act

    has been attributed to any of the petitioners. The petitioners

    have been roped in merely because they are the relatives of the
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    husband. He further submits that petitioner nos.1 and 3 are

    father-in-law and brother-in-law of O.P. No.2 respectively, and

    petitioner nos. 4 and 5, who are the married sister-in-law and her

    husband respectively residing separately, were found innocent

    during investigation, yet cognizance was taken against them

    mechanically.

    12. Learned counsel for petitioners submits that the

    marriage between O.P. No.2 and her husband had already been

    dissolved by an ex parte decree of divorce dated 23.07.2013,

    much prior to the institution of the present FIR., and the present

    prosecution is nothing but a counterblast to the said decree. It is,

    thus, submitted that continuation of the criminal proceeding

    against the surviving petitioners would amount to an abuse of

    the process of the Court and, accordingly, the orders dated

    27.04.2017 and 06.09.2017, as well as the entire criminal

    proceeding arising out of Chand P.S. Case No. 36 of 2014

    deserves to be quashed in exercise of the inherent jurisdiction of

    this Court.

    13. Learned counsel for O.P. No.2 submits that the

    materials collected during investigation, including the

    allegations made in the FIR and the statements of the witnesses

    in case diary, prima facie disclose the commission of the
    Patna High Court CR. MISC. No.439 of 2018(13) dt.07-07-2026
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    offences alleged by the petitioners. Learned counsel further

    submits that O.P. No.2 has challenged the ex parte decree of

    divorce, which is pending for consideration. He lastly, submits

    that at this stage, a meticulous appreciation of evidence is

    impermissible and hence, the present application, being devoid

    of merit, be dismissed.

    14. Learned APP for the State conceded that the

    petitioners are the in-laws of the O.P. No.2 and further submits

    that this Court may pass appropriate order in the interest of

    justice.

    15. Having heard the learned counsel for the parties

    as well as the learned APP for the State, and upon perusal of the

    materials available on record, the principal question which

    arises for consideration before this Court is whether, in the facts

    and circumstances of the present case, the impugned orders

    dated 27.04.2017 and 06.09.2017 rejecting the petitioners’

    prayer for discharge warrant interference in exercise of the

    inherent jurisdiction of this Court under Section 482 of the Code

    of Criminal Procedure.

    16. At the outset, it is well settled that the inherent

    jurisdiction of the High Court under Section 482 Criminal

    Procedure Code is to be exercised sparingly, with

    circumspection and in the exceptional circumstances. While
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    exercising such jurisdiction, the Court is required to assess

    whether the uncontroverted allegations in the complaint

    petition/FIR and the materials brought on record, taken at their

    face value, prima facie disclose the commission of the alleged

    offence against the accused and make out a prima facie case for

    proceeding against them. If the allegations are so absurd and

    inherently improbable that no prudent person can ever reach a

    just conclusion that there is sufficient ground for proceeding, or

    where the proceeding is manifestly attended with mala fide and

    has been instituted with an ulterior motive for wreaking

    vengeance, the same is liable to be quashed to secure the ends of

    justice.

    17. At this stage, it is apposite to reproduce some

    relevant paragraphs of the judgment of Hon’ble Supreme Court

    in the case of Abhishek v. State of Madhya Pradesh, reported in

    (2023) 16 SCC 666 with respect to the contours of the power to

    quash criminal proceedings under Section 482 of the Cr.P.C. in

    matrimonial offences. The Hon’ble Apex Court observed as

    under:

    “16. 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
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    particular relevance. Recently, in Kahkashan
    Kausar v. State of Bihar
    [(2022) 6 SCC 599],
    this Court had occasion to deal with a
    similar situation where the High Court had
    refused [Mohd. Ikram v. State of Bihar, 2019
    SCC OnLine Pat 1985] to quash an FIR
    registered for various offences, including
    Section 498-A 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
    498-A
    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.

    xxxx xxxx xxxx

    19. Of more recent origin is the decision of
    this Court in Mahmood Ali v. State of U.P.
    [(2023) 15 SCC 488] on the legal principles
    applicable apropos Section 482 CrPC.
    Therein, it was observed that when an
    accused comes before the High Court,
    invoking either the inherent power under
    Section 482 CrPC 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
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    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.”

    18. In the present case, this Court has carefully perused

    submission of parties as well as materials available on records. It

    transpires that except making general and omnibus allegations

    against present petitioners, no specific overt act or distinct role

    has been attributed to the present petitioners. The allegations

    regarding demand of dowry and cruelty are vague in nature and

    do not disclose as to which of the petitioners had made the

    alleged demand or subjected the O.P. No.2 to cruelty. The

    petitioners are the father-in-law, brother-in-law, married sister-in-

    law and the husband of the married sister-in-law of O.P. No.2. It

    further appears from the record that petitioner nos. 4 and 5, who

    are admittedly residing separately, were found innocent during

    investigation, yet cognizance was taken against them.

    19. It further transpires from the materials on record

    that the marriage between the O.P. No.2 and her husband had
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    already been dissolved by an ex parte decree of divorce dated

    23.07.2013, whereas the present FIR came to be instituted

    thereafter as a counterblast of divorce decree.

    20. The Supreme Court has consistently held that in

    matrimonial disputes there is an increasing tendency to implicate

    all the relatives of the husband on the basis of vague and

    omnibus allegations. It has been held that criminal proceedings

    against the relatives of the husband cannot be permitted to

    continue in the absence of specific allegations disclosing their

    individual role, and that the High Court would be justified in

    exercising its inherent jurisdiction to prevent abuse of the process

    of the Court. Likewise, in State of Haryana and Ors. v. Bhajan

    Lal and Ors., reported in 1992 Supp (1) SCC 335, the Hon’ble

    Supreme Court has held that where the allegations, even if taken

    at their face value, do not prima facie constitute the alleged

    offence or where the criminal proceeding is manifestly attended

    with mala fides, the High Court may exercise its inherent

    jurisdiction to secure the ends of justice.

    21. Applying the aforesaid settled principles to the

    facts of the present case, this Court is of the considered opinion

    that the allegations against the surviving petitioners are wholly

    general, omnibus and bereft of any specific material indicating

    their individual involvement and hence, continuation of the
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    criminal proceeding against the surviving petitioners would,

    therefore, amount to an abuse of the process of the Court.

    22. Accordingly, the impugned order dated 27.04.2017

    passed by the learned A.C.J.M.-V, Kaimur at Bhabhua and the

    order dated 06.09.2017 passed by the learned Sessions Judge,

    Kaimur at Bhabhua in Criminal Revision No. 95 of 2017 are

    hereby set aside. Consequently, the entire criminal proceeding

    arising out of Chand P.S. Case No. 36 of 2014 is quashed qua

    petitioner nos. 1, 3, 4 and 5.

    23. The present Criminal Miscellaneous Application

    with respect to petitioner nos. 1, 3, 4 and 5 is, accordingly,

    allowed.

    24. Interim order(s), if any, stands vacated.

    25. Let a copy of this order be communicated to the

    Court concerned forthwith for needful.

    (Sunil Dutta Mishra, J)
    utkarsh/-

    U       T
     



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