Chandeshwar Sharma vs The State Of Bihar on 16 July, 2026

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    Patna High Court – Orders

    Chandeshwar Sharma vs The State Of Bihar on 16 July, 2026

    Author: Chandra Shekhar Jha

    Bench: Chandra Shekhar Jha

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.73736 of 2019
                             Arising Out of PS. Case No.-256 Year-2016 Thana- MANJHI District- Saran
                     ======================================================
               1.     CHANDESHWAR SHARMA Son of Late Satya Narayan Sharma Resident
                      of Village - Pandeypur, P.S.- Daraunda, Distt - Saran at Chapra.
               2.    Rupwanti Devi @ Rupjhari Devi Wife of Sri Chandeshwar Sharma Resident
                     of Village - Pandeypur, P.S.- Daraunda, Distt - Saran at Chapra.
    
                                                                                         ... ... Petitioners
                                                            Versus
               1.    The State of Bihar Bihar
               2.    Priyanka Kumari Wife of Rajesh Kumar Sharma, D/o Krishnadeo Sharma
                     Resident of Village - Manjhi Kanchanpur, P.S.- Manjhi, Distt - Saran at
                     Chapra.
    
                                                             ... ... Opposite Parties
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :        Mr. Shubhesh Pandey, Adv.
                                              :        Mr. Amit Kumar Mishra, Adv.
                     For the O.P No. 2/       :        Mr. Nawal Kihsore Singh, Adv.
                                              :        Mr. Manohar Prasad Singh, Adv.
                     For the Opposite Party/s :        Mr. Nand Kishore Prasad, APP
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE CHANDRA SHEKHAR JHA
                                           ORAL ORDER
    
    4   16-07-2026

    Heard the parties.

    2. That this is an application for quashing the

    SPONSORED

    Order taking Cognizance dated 30.08.2018 passed by

    learned Additional Chief Judicial Magistrate IInd, Saran at

    Chapra in connection with Manjhi of 2016 of Police Station

    Case No. 256 whereby and whereunder the cognizance of

    the offences has been taken under Sections 341, 323, 313,

    307, 498 (A), 504, 506 / 34 of the Indian Penal Code and

    Section 3/4 of the Dowry Prohibition Act.
    Patna High Court CR. MISC. No.73736 of 2019(4) dt.16-07-2026
    2/6

    3. The prosecution case is that the Complainant

    has filed a complaint before the Court of Chief Judicial

    Magistrate, Saran at Chapra on 30.09.2016 which was sent

    to the concerned police station for institution of the FIR vide

    order dated 14.10.2016 under Section 156(3) Cr.P.C.

    alleging therein that she was married with Rajesh Kumar

    Sharma on 26.11.2015 and when she went to her

    matrimonial home the family members of her in-laws’ house

    started torturing her and threatened to kill her.

    4. Learned counsel for the petitioners submits that

    Petitioner no. 1, namely, Chandeshwar Sharma is the father-

    in-law and petitioner no. 2, namely, Rupwanti Devi, is the

    mother-in-law of the complainant/informant.

    5. Learned counsel for the petitioners has placed

    reliance on the judgment of Hon’ble Supreme Court rendered

    in the cases of Anand Kumar Mohatta and Anr. vs. State

    (NCT of Delhi) Department of Home and Anr. reported

    in (2019) 11 SCC 706 and Abhishek vs. State of

    Madhya Pradesh reported in [2023 SCC Online SC

    1083]. The relevant paragraph Nos. 13 to 16 of the case of
    Patna High Court CR. MISC. No.73736 of 2019(4) dt.16-07-2026
    3/6

    Abhishek (Supra) 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 then 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
    Patna High Court CR. MISC. No.73736 of 2019(4) dt.16-07-2026
    4/6

    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
    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
    Patna High Court CR. MISC. No.73736 of 2019(4) dt.16-07-2026
    5/6

    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.”

    6. Learned counsel for the Informant and learned

    Additional Public Prosecutor for the State have vehemently

    opposed the prayer for quashing of the impugned order of

    cognizance dated 30.08.2018.

    7. It is submitted that one of the co-ordinate

    Bench of this Court already quashed the proceeding against

    other co-accused persons, who are in-laws and facing more

    serious allegation through Cr. Misc. No. 83578 of 2019 and
    Patna High Court CR. MISC. No.73736 of 2019(4) dt.16-07-2026
    6/6

    24237 of 2019 respectively.

    8. In view of the aforesaid, as petitioners are in

    -laws, facing very general and omnibus allegation qua

    committing cruelty, the order of cognizance dated

    30.08.2018 passed by learned Additional Chief Judicial

    Magistrate-II, Saran at Chapra in Manjhi P.S. Case No. 256

    of 2016 for the offences under Sections 341, 323, 313,

    307, 498(A), 504 and 506/34 of the Indian Penal Code and

    Sections 3/4 of Dowry Prohibition Act by which the petition

    filed under Section 227 of Cr.P.C. was dismissed is quashed

    herewith.

    9. Petition stands allowed.

    10. Let a copy of this matter be sent to the learned

    trial court immediately.

    (Chandra Shekhar Jha, J.)

    Aniket/-

    U      T
     



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