Jainendra Lahare vs State Of Chhattisgarh on 3 July, 2026

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    Chattisgarh High Court

    Jainendra Lahare vs State Of Chhattisgarh on 3 July, 2026

    Author: Ramesh Sinha

    Bench: Ramesh Sinha

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                                                                               2026:CGHC:27383-DB
    
                                                                                                NAFR
    
                                     HIGH COURT OF CHHATTISGARH AT BILASPUR
    
                                                     CRMP No. 1310 of 2026
    
                       1 - Jainendra Lahare Son Of Shri Tekchand Lahare Aged About 40 Years
                       Resident Of Surya Vihar, Ravi Patanwar Colony, Tifra, District- Bilaspur (C.G.)
    
    
                       2 - Sarojani Lahare Wife Of Tekchand Lahare Aged About 59 Years Resident
                       Of Surya Vihar, Ravi Patanwar Colony, Tifra, District- Bilaspur (C.G.)
    
    
                       3 - Tekchand Lahare Son Of Chandulal Lahare Aged About 68 Years Resident
                       Of Surya Vihar, Ravi Patanwar Colony, Tifra, District- Bilaspur (C.G.)
    
    
                       4 - Ravi Lahare, Son Of Tekchand Lahare, Aged About 25 Years Resident Of
                       Surya Vihar, Ravi Patanwar Colony, Tifra, District- Bilaspur (C.G.)
    
    
                       5 - Sunita Tondar, Wife Of Shatruhan Tonder Aged About 37 Years Resident
                       Of Setganga, P.S. Fastarpur, District- Mungeli (C.G.)
    
    
                       6 - Shatruhan Tonder (Wrongly Written Satruhan Todar) Son Of Anujram
                       Tonder Aged About 40 Years Resident Of Setganga, P.S. Fastarpur, District-
                       Mungeli (C.G.)
                                                                                        ... Petitioners
    
                                                              versus
    
    VED
                       1 - State Of Chhattisgarh Through Station House Officer, Police Station
    PRAKASH
    DEWANGAN           Sirgitti, District- Bilaspur (C.G.).
    Digitally signed
    by VED PRAKASH
    DEWANGAN
    Date: 2026.07.06
    
                       2 - Sandhya Lahare, Wife Of Jainendra Lahare, Presently Residing At Bazar
    18:45:44 +0530
                                               2
    
    
    
    
    Chowk, Dinesh Store Gali, Near Electric Tower, Yadunandan Nagar, Tifra,
    Tahsil And District- Bilaspur (C.G.)
    
                                                                    ... Respondents

    (Cause title taken from Case Information System)

    For Petitioners : Mr. C. Jayant K. Rao, Advocate

    SPONSORED

    For Respondent No.1/State : Mr. Sumit Singh, Deputy A.G.

    For Respondent No.2 : Ms. Manju Naik, Advocate

    Hon’ble Shri Ramesh Sinha, Chief Justice
    Hon’ble Shri Ravindra Kumar Agrawal, Judge

    Order on Board

    Per Ramesh Sinha, Chief Justice

    03/07/2026

    1. Heard learned counsel appearing for the petitioners as well as learned

    Deputy Advocate General appearing for the respondent No.1/State and

    learned counsel appearing for Respondent No.2/complainant.

    2. The present petition under Section 528 of Bharatiya Nagarik Suraksha

    Sanhita, 2023 has been filed by the petitioners with the following

    prayer:-

    “It is therefore, prayed, that this Hon’ble Court
    may kindly be pleased to:-

    1. allow the petition and kindly be pleased to
    quash the FIR No. 41/2026 registered under
    section 85, 296, 351(2), 115(2), 3(5) of Bhartiya
    Nyay Sanhita, 2023 at Police Station Sirgitti,
    District Bilaspur (C.G.);

    3

    2. and quash the entire charge sheet relating to
    Crime No. 41/2026 (wrongly written 41/2025 in
    the final report), registered under section 85, 296,
    115(2), 351(3), 3(5) of Bhartiya Nyay Sanhita,
    2023 at Police Station Sirgitti, District Bilaspur
    (C.G.) and also quash the cognizance order
    dated 17.03.2026 taken against the petitioners by
    the concerned Trial Court in relating to Criminal
    Case No. 3158/2026;

    3. and further quash the criminal proceedings of
    the case bearing Criminal Case No. 3158/2026,
    arising out of Crime No. 41/2026, registered at
    Police Station Sirgitti, District Bilaspur (C.G.)
    pending before the learned Judicial Magistrate
    First Class, Bilaspur, District Bilaspur (C.G.)
    (Annexure P/1), in the interest of justice.”

    3. The present case arises out of a matrimonial dispute between

    Petitioner No.1 (husband) and Respondent No.2/complainant (wife),

    whose marriage was solemnized in the month of December, 2020

    according to Hindu rites and customs. As per the prosecution case,

    after a few days of the marriage, the respondent No.2 was allegedly

    subjected to physical and mental cruelty by Petitioner No.1 (husband),

    Petitioner No.2 (mother-in-law), Petitioner No.3 (father-in-law),

    Petitioner No.4 (brother-in-law/devar), Petitioner No.5 (sister-in-law/

    nanad) and Petitioner No.6 (brother-in-law/nandoi), who allegedly

    harassed her by demanding dowry, calling her a witch, and subjecting

    her to continuous mental and physical harassment, even during her

    pregnancy. It has further been alleged that despite complaints made to
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    the Mahila Thana and Police Station Sirgitti, as well as intervention

    through social meetings, the dispute could not be resolved and the

    petitioner No.1 also threatened the complainant by stating that, being a

    Patwari, he would divorce and defame her. On the basis of the written

    complaint lodged by Respondent No.2, FIR bearing Crime No. 41/2026

    dated 19.01.2026 came to be registered at Police Station Sirgitti,

    District Bilaspur, for the offences punishable under Sections 85, 296,

    351(2), 115(2) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. Upon

    completion of investigation, the police filed a charge-sheet dated

    10.03.2026 (though the crime number has been mistakenly mentioned

    therein as Crime No. 41/2025), alleging commission of offences

    punishable under Sections 85, 296, 115(2), 351(3) and 3(5) of the

    Bharatiya Nyaya Sanhita, 2023, whereupon the learned Judicial

    Magistrate First Class, Bilaspur took cognizance vide order dated

    17.03.2026 and registered Criminal Case No. 3158/2026, which FIR,

    charge-sheet, cognizance order and all consequential criminal

    proceedings are under challenge in the present petition under Section

    528 of the Bharatiya Nagarik Suraksha Sanhita, 2023.

    4. Learned counsel for the petitioners submits that the impugned FIR,

    charge-sheet, cognizance order and all consequential criminal

    proceedings are nothing but a gross abuse of the process of law,

    having been initiated on the basis of false, frivolous and concocted

    allegations with an ulterior motive to harass the petitioners and to wreak

    vengeance upon the entire family of petitioner No.1. It is contended that

    the respondent No.2, right from the date of marriage, was insisting that
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    petitioner No.1 should live separately from his parents and family

    members and, when such demand was not accepted, she voluntarily

    started residing at her parental house and thereafter lodged the present

    false complaint as a counterblast. Learned counsel would submit that

    even prior to the registration of the present FIR, petitioner No.1 had

    lodged a complaint before the Mahila Thana, Bilaspur on 10.04.2021

    regarding the conduct of the respondent No.2 and her family members,

    and thereafter petitioner No.2 also submitted written complaints dated

    27.05.2024 and 16.11.2025 to the concerned authorities, which clearly

    demonstrate that the petitioners themselves were aggrieved and had

    approached the authorities much before the impugned FIR came to be

    lodged. It is further submitted that counselling proceedings were also

    conducted between the parties, wherein the respondent No.2 had

    initially refused to accompany petitioner No.1 to the matrimonial home

    and only on 18.02.2022 agreed to resume the matrimonial relationship.

    Learned counsel further submits that petitioner No.1, who is serving as

    a Patwari, even caused a legal notice dated 18.09.2024 to be issued

    requesting the respondent No.2 to resume cohabitation so that he could

    peacefully discharge his official duties, which itself negatives any

    intention on his part to subject the respondent No.2 to cruelty. It is also

    contended that petitioner No.4 is employed at Manendragarh and

    petitioner Nos.5 and 6 are residing separately at District Mungeli, yet

    they have been unnecessarily implicated merely because of their

    relationship with petitioner No.1, without any specific role or overt act

    being attributed to them. According to the learned counsel, the
    6

    allegations contained in the FIR are vague, general and omnibus in

    nature, bereft of any specific particulars regarding the alleged acts of

    cruelty or demand of dowry by the individual petitioners and, therefore,

    continuation of the criminal proceedings would amount to abuse of the

    process of law.

    ******* He would place reliance upon the judgments of the Hon’ble

    Supreme Court in Geeta Mehrotra and another v. State of Uttar

    Pradesh and another, (2012) 10 SCC 741, Preeti Gupta and another

    v. State of Jharkhand and another, (2010) 7 SCC 667, Swapnil v.

    State of Madhya Pradesh, (2014) 13 SCC 567, Rashmi Chopra v.

    State of Uttar Pradesh and Another, 2019 SCC OnLine SC 620 (Para

    24), Rajesh Sharma and others v. State of Uttar Pradesh and

    Another, (2018) 10 SCC 472, Kahkashan Kausar alias Sonam and

    others v. State of Bihar and others, (2022) 6 SCC 599 and Abhishek

    v. State of Madhya Pradesh, 2023 SCC OnLine SC 1083 to contend

    that where the allegations against the relatives of the husband are

    vague, omnibus and devoid of any specific overt act, and the criminal

    proceedings appear to have been instituted only to implicate the entire

    family, the High Court, in exercise of its inherent jurisdiction, ought to

    quash such proceedings to prevent abuse of the process of law.

    5. Learned State counsel would submit that the impugned FIR and the

    consequential criminal proceedings have been initiated on the basis of

    a written complaint lodged by respondent No.2 disclosing commission

    of cognizable offences relating to cruelty, demand of dowry, criminal
    7

    intimidation and other allied offences. It is submitted that during the

    course of investigation, the Investigating Officer recorded the

    statements of the complainant and other witnesses under the

    provisions of the Bharatiya Nagarik Suraksha Sanhita, collected

    relevant material and, upon finding sufficient prima facie evidence

    against the petitioners, filed the charge-sheet before the competent

    Court for the offences punishable under Sections 85, 296, 115(2),

    351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023. It is further

    submitted that the learned Judicial Magistrate First Class, Bilaspur,

    after due application of mind to the police report and the material

    collected during investigation, has rightly taken cognizance of the

    offences vide order dated 17.03.2026. Learned State counsel would

    further contend that the allegations made in the FIR and the material

    collected during investigation disclose a prima facie case against the

    petitioners and, therefore, the correctness or otherwise of such

    allegations can only be adjudicated upon during the course of trial. It is

    submitted that while exercising inherent jurisdiction under Section 528

    of the Bharatiya Nagarik Suraksha Sanhita, 2023, this Court is not

    required to undertake a meticulous appreciation of the evidence or

    adjudicate disputed questions of fact, as the same fall within the

    domain of the trial Court. It is, therefore, contended that the present

    petition, being devoid of merits, deserves to be dismissed.

    6. Learned counsel for respondent No.2/complainant would submit that

    the impugned FIR clearly discloses the commission of cognizable

    offences under Sections 85, 296, 115(2), 351(3) and 3(5) of the
    8

    Bharatiya Nyaya Sanhita, 2023, as the complainant has specifically

    alleged that soon after the marriage, all the petitioners started

    subjecting her to continuous physical and mental cruelty on account of

    unlawful demand of dowry. It is submitted that the complainant was

    repeatedly harassed and humiliated by the petitioners, who used to call

    her a witch, mentally torture her, and subject her to physical cruelty,

    which continued even during her pregnancy. Learned counsel would

    further submit that despite several efforts made by the complainant to

    save the matrimonial relationship, including approaching the Mahila

    Thana, making complaints through the emergency service (112), and

    convening social meetings, the conduct of the petitioners did not

    improve. It is further alleged that petitioner No.1 also threatened the

    complainant by stating that, being a Patwari, he would divorce her and

    defame her. Learned counsel submits that the allegations made in the

    FIR are neither vague nor omnibus, but disclose specific instances of

    continuous cruelty and harassment committed by the petitioners, which

    have been duly corroborated during the course of investigation,

    culminating in the filing of the charge-sheet. It is further submitted that

    the learned Judicial Magistrate First Class, Bilaspur, upon due

    consideration of the police report and the material collected during

    investigation, has rightly taken cognizance of the offences vide order

    dated 17.03.2026. Learned counsel would contend that the defence

    raised by the petitioners regarding prior complaints, counselling

    proceedings, separate residence of some of the accused persons, and

    other disputed factual aspects are matters of evidence which can only
    9

    be adjudicated during the course of trial and cannot be examined in

    proceedings under Section 528 of the Bharatiya Nagarik Suraksha

    Sanhita, 2023. It is, therefore, submitted that the present petition is

    devoid of any merit and deserves to be dismissed.

    7. We have heard learned counsel for the parties and considered their

    rival submissions made hereinabove and also went through the records

    with utmost circumspection.

    8. At the outset, it would be appropriate to consider the scope of

    interference in charge-sheet filed by the police against accused in

    extraordinary jurisdiction under Section 528 of BNSS.

    9. In the matter of Pepsi Foods Ltd. and another v. Special Judicial

    Magistrate and others, (1998) 5 SCC 749 the Hon’ble Supreme Court

    has held that the accused can approach the High Court either under

    Section 528 of BNSS or under Article 227 of the Constitution of India to

    have the proceeding quashed against him when the complaint does not

    make out any case against him.

    10. The Hon’ble Supreme Court in the matter of State of Haryana and

    others v. Bhajan Lal and others, 1992 Supp (1) SCC 335 laid down

    the principles of law relating to the exercise of extraordinary power

    under Article 226 of the Constitution of India to quash the first

    information report and it has been held that such power can be

    exercised either to prevent abuse of the process of any court or

    otherwise to secure the ends of justice. In paragraph 102 of the report,
    10

    their Lordships laid down the broad principles where such power under

    Article 226 of the Constitution/Section 482 of the CrPC/528 of B.N.S.S

    should be exercised, which are as under: –

    “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.

    (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
    11

    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
    concerned Act (under which criminal proceeding
    is a instituted) to the institution and continuance
    of the proceedings and/or where there is a
    specific provision in the Code or the concerned
    Act, 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
    12

    accused and with a view to spite him due to
    private and personal grudge.

    103. We also give a note of caution to the effect
    that the power of quashing a criminal proceeding
    should be exercised very sparingly and with
    circumspection and that too in the rarest of rare
    cases; that the court will not be justified in
    embarking upon an enquiry as to the reliability or
    genuineness or otherwise of the allegations made
    in the FIR or the complaint and that the
    extraordinary or inherent powers do not confer an
    arbitrary jurisdiction on the court to act according
    to its whim or caprice.”

    11. The principle of law laid down in Bhajan Lal‘s case (supra) has been

    followed recently by the Supreme Court in the matters of Google India

    Private Limited v. Visaka Industries, (2020) 4 SCC 162, Ahmad Ali

    Quraishi and another v. State of Uttar Pradesh and another, (2020)

    13 SCC 435 and Dr Dhruvaram Murlidhar Sonar. v. State of

    Maharashtra and others, (2019) 18 SCC 191. The Supreme Court in

    Google India Private Limited (supra), explained the scope of dictum

    of Bhajan Lal‘s case (supra) that the power of quashing a criminal

    proceeding be exercised very sparingly and with circumspection and

    “that too in the rarest of rare cases” as indicated in paragraph 103

    therein of the report.

    12. Having noticed the scope of interference by this Court in a petition

    seeking quashment of an FIR, charge-sheet and consequential criminal

    proceedings, reverting to the facts of the present case, it is quite
    13

    evident that the petitioners have been prosecuted pursuant to FIR

    bearing Crime No. 41/2026 dated 19.01.2026 registered at Police

    Station Sirgitti, District Bilaspur, for the offences punishable under

    Sections 85, 296, 351(2), 115(2) and 3(5) of the Bharatiya Nyaya

    Sanhita, 2023. Upon completion of investigation, the Investigating

    Officer filed charge-sheet dated 10.03.2026 (though the crime number

    has inadvertently been mentioned therein as Crime No. 41/2025) for

    the offences punishable under Sections 85, 296, 115(2), 351(3) and

    3(5) of the Bharatiya Nyaya Sanhita, 2023, whereupon the learned

    Judicial Magistrate First Class, Bilaspur took cognizance of the said

    offences vide order dated 17.03.2026 and registered Criminal Case No.

    3158/2026, which proceedings are under challenge in the present

    petition.

    13. The provisions relating to cruelty by husband or his relatives are now

    governed under the Bharatiya Nyaya Sanhita, 2023. Section 85 of the

    B.N.S. defines the offence of cruelty as under:

    “85. Husband or relative of husband of a
    woman subjecting her to cruelty — Whoever,
    being the husband or the relative of the husband
    of a woman, subjects such woman to cruelty shall
    be punished with imprisonment for a term which
    may extend to three years and shall also be liable
    to fine.

    Explanation. — For the purposes of this section,
    ‘cruelty’ means–

    14

    (a) any wilful conduct which is of such a nature as
    is likely to drive the woman to commit suicide or
    to cause grave injury or danger to life, limb or
    health (whether mental or physical) of the woman;

    or

    (b) harassment of the woman where such
    harassment is with a view to coercing her or any
    person related to her to meet any unlawful
    demand for any property or valuable security, or
    is on account of failure by her or any person
    related to her to meet such demand.”

    14. A careful perusal of the aforesaid provision would show that in order to

    establish an offence under Section 85 of the B.N.S., the prosecution

    must establish–

    (i) that the woman is legally married;

    (ii) that she has been subjected to cruelty or harassment;
    and

    (iii) that such cruelty or harassment has been inflicted by
    the husband or by a relative of the husband, and the same
    is either of such a nature as is likely to cause grave injury
    or danger to life, limb or health, or is with a view to coercing
    her or her relatives to meet any unlawful demand for
    property or valuable security.

    15. The word “cruelty” within the meaning of Section 85 of the B.N.S. has

    been explained in the Explanation appended to the said section. It

    consists of two clauses, namely clause (a) and clause (b). To attract

    Section 85 of the B.N.S., it must be established that the cruelty or
    15

    harassment caused to the wife is of such a nature as is likely to drive

    her to commit suicide or to cause grave injury or danger to her life, limb

    or health, whether mental or physical, or that such harassment was with

    a view to coercing her or her relatives to fulfil any unlawful demand. It is

    not every type of harassment or cruelty that would attract the provisions

    of Section 85 of the B.N.S. Explanation (b) to Section 85 specifically

    contemplates harassment of a woman with a view to coercing her or

    any person related to her to meet any unlawful demand for property or

    valuable security. Therefore, in order to bring the case within the ambit

    of clause (b), it must be shown that there was a specific unlawful

    demand made by the husband or his relatives and that the harassment

    was directly connected with such demand.

    16. The Hon’ble Supreme Court in the matter of Priya Vrat Singh and

    others v. Shyam Ji Sahai, (2008) 8 SCC 232 considered the issue of

    delay in lodging the complaint as well as role that has been ascribed to

    the accused therein and quashed the complaint holding the delay of

    two years in lodging FIR to be fatal and further held that no role has

    been ascribed to the petitioner/accused therein. It was observed as

    under:-

    “8. Further it is pointed out that the allegation of
    alleged demand for dowry was made for the first
    time in December, 1994. In the complaint filed,
    the allegation is that the dowry torture was made
    some times in 1992. It has not been explained as
    to why for more than two years no action was
    taken.

    16

    9. Further, it appears that in the complaint
    petition. apart from the husband, the mother of
    the husband, the subsequently married wife,
    husband’s mother’s sister, husband’s brother in
    law and Sunita’s father were impleaded as party.
    No role has been specifically ascribed to anybody
    except the husband and that too of a dowry
    demand in February 1993 when the complaint
    was filed on 6.12.1994 i.e. nearly after 22 months.
    It is to be noted that in spite of service of notice,
    none has appeared on behalf of Respondent
    No.1.”

    17. Similarly, in the matter of Sunder Babu and others v. State of Tamil

    Nadu (2009) 14 SCC 244 delay in filing complaint against accused

    therein was taken note of by their Lordships of the Supreme Court

    holding the case to be covered by Category Seven of para 102

    highlighted in Bhajan Lal‘s case (supra), the prosecution for offence

    under Section 85 of BNS and Section 4 of the Dowry Prohibition Act

    was quashed.

    18. Similarly, in the matter of Geeta Mehrotra (supra), the Hon’ble

    Supreme Court held that a mere casual reference to the family

    members of the husband in the FIR as co-accused, in the absence of

    any specific allegation disclosing their active involvement, would not

    justify continuation of criminal proceedings against them. It was further

    held that where the complaint contains only vague and omnibus

    allegations against the relatives of the husband, taking cognizance

    against them would amount to abuse of the process of law. Accordingly,
    17

    cognizance for offences relating to cruelty and allied allegations, now

    corresponding to Section 85 and other relevant provisions of the

    Bharatiya Nyaya Sanhita, 2023, would not be justified.

    19. In the matter of K. Subba Rao and others v. State of Telangana

    represented by its Secretary, Department of Home and others

    (2018) 14 SCC 452 their Lordships of the Supreme Court delineated

    the duty of the criminal Courts while proceeding against relatives of

    victim’s husband and held that the Court should be careful in

    proceeding against distant relatives in crime pertaining to matrimonial

    disputes and dowry deaths and further held that relatives of husband

    should not be roped in on the basis of omnibus allegations, unless

    specific instances of their involvement in offences are made out.

    20. Recently, in the matter of Rashmi Chopra (supra), it has been held by

    their Lordships of the Hon’ble Supreme Court, relying upon the

    principles laid down in Bhajan Lal (supra), that criminal proceedings

    can be allowed to proceed only when a prima facie offence is disclosed.

    It was further held that the judicial process is a solemn proceeding

    which cannot be permitted to be used as an instrument of oppression or

    harassment, and the High Court should not hesitate in exercising its

    inherent jurisdiction to quash proceedings where the case falls within

    the parameters laid down in Bhajan Lal (supra). Their Lordships further

    held that in the absence of specific allegations against individual

    accused persons and where only general and omnibus allegations are

    made against all the accused, no offence relating to cruelty would be
    18

    made out. Accordingly, the charges for the offence analogous to cruelty

    by husband or relatives, now covered under Section 85 of the Bharatiya

    Nyaya Sanhita, 2023, were quashed, holding the case to be covered

    under Category 7 as enumerated in Bhajan Lal (supra), by observing

    as under:

    “24. Coming back to the allegations in the
    complaint pertaining to Section 498A and Section
    3
    /4 of D.P. Act. A perusal of the complaint
    indicates that the allegations against the
    appellants for offence under Section 498A and
    Section 3/4 of D.P. Act are general and sweeping.
    No specific incident dates or details of any
    incident has been mentioned in the complaint.
    The complaint having been filed after proceeding
    for divorce was initiated by Nayan Chopra in
    State of Michigan, where Vanshika participated
    and divorce was ultimately granted. A few months
    after filing of the divorce petition, the complaint
    has been filed in the Court of C.J.M., Gautam
    Budh Nagar with the allegations as noticed
    above. The sequence of the events and facts and
    circumstances of the case leads us to conclude
    that the complaint under Section 498A and
    Section 3/4 of D.P. Act have been filed as counter
    blast to divorce petition proceeding in State of
    Michigan by Nayan Chopra.

    25. There being no specific allegation regarding
    any one of the applicants except common general
    allegation against everyone i.e. “they started
    harassing the daughter of the applicant
    demanding additional dowry of one crore” and the
    19

    fact that all relatives of the husband, namely,
    father, mother, brother, mother’s sister and
    husband of mother’s sister have been roped in
    clearly indicate that application under Section
    156(3)
    Cr.P.C. was filed with a view to harass the
    applicants…..”

    21. Having noticed the legal position with regard to quashment of an FIR,

    charge-sheet and consequential criminal proceedings, the question that

    arises for consideration is whether, taking the contents of the FIR, the

    statements recorded during investigation and the charge-sheet as they

    stand, a prima facie case for the offences punishable under Sections

    85, 296, 115(2), 351(3) and 3(5) of the Bharatiya Nyaya Sanhita, 2023

    is made out against the petitioners so as to justify the continuation of

    the criminal proceedings, or whether the present case falls within the

    well-recognized parameters warranting exercise of inherent jurisdiction

    under Section 528 of the Bharatiya Nagarik Suraksha Sanhita, 2023 for

    quashing the impugned FIR, charge-sheet, cognizance order and all

    consequential proceedings.

    22. In the matter of Kahkashan Kausar alias Sonam and Others Vs.

    State of Bihar and Others, 2022(6) SCC 599, the Hon’ble Supreme

    Court has stated as under:-

    “10. Having perused the relevant facts and
    contentions made by the appellants and
    respondents, in our considered opinion, the
    foremost issue which requires determination in
    the instant case is whether allegations made
    20

    against the appellants in-laws are in the nature of
    general omnibus allegations and therefore liable
    to be quashed.?

    11. Before we delve into greater detail on the
    nature and content of allegations made, it
    becomes pertinent to mention that incorporation
    of section 498-A of IPC was aimed at preventing
    cruelty committed upon a woman by her
    husband and her in-laws, by facilitating rapid
    State intervention. However, it is equally true,
    that 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
    498-A IPC as instruments to settle personal
    scores against the husband and his relatives.

    12. This Court in its judgment in Rajesh Sharma
    Vs. State of U.P.
    , has observed:-

    “14. Section 498-A was inserted in the statute
    with the laudable object of punishing cruelty at
    the hands of husband or his relatives against a
    wife particularly when such cruelty had potential
    to result in suicide or murder of a woman as
    mentioned in the statement of Objects and
    Reasons of the Act 46 of 1983. The expression
    ‘cruelty’ in Section 498-A covers conduct which
    may drive the woman to commit suicide or cause
    grave injury (mental or physical) or danger to life
    or harassment with a view to coerce her to meet
    unlawful demand. It is a matter of serious
    21

    concern that large number of cases continue to
    be filed under Section 498-A alleging harassment
    of married women. We have already referred to
    some of the statistics from the Crime Records
    Bureau. This Court had earlier noticed the fact
    that most of such complaints are filed in the heat
    of the moment over trivial issues. Many of such
    complaints are not bona fide. At the time of filing
    of the complaint, implications and consequences
    are not visualized. At times such complaints lead
    to uncalled for harassment not only to the
    accused but also to the complainant. Uncalled
    for arrest may ruin the chances of settlement.”

    13. Previously, in the landmark judgment of this
    court in Arnesh Kumar Vs. State of Bihar, it was
    also observed;

    “4. There is a phenomenal increase in
    matrimonial disputes in recent years. The
    institution of marriage is greatly revered in this
    country. Section 498-A IPC was introduced with
    avowed object to combat the menace of
    harassment to a woman at the hands of her
    husband and his relatives. The fact that Section
    498-A
    IPC is a cognizable and non- bailable
    offence has lent it a dubious place of pride
    amongst the provisions that are used as
    weapons rather than shield by disgruntled wives.
    The simplest way to harass is to get the husband
    and his relatives arrested under this provision. In
    a quite number of cases, bed- ridden grand-
    fathers and grand-mothers of the husbands, their
    sisters living abroad for decades are arrested.”

    22

    14.Further in Preeti Gupta & Anr. Vs. State of
    Jharkhand
    , it has also been observed:-

    “32. It is a matter of common experience that
    most of these complaints under section 498A
    IPC are filed in the heat of the moment over
    trivial issues without proper deliberations. We
    come across a large number of such complaints
    which are not even bona fide and are filed with
    oblique motive. At the same time, rapid increase
    in the number of genuine cases of dowry
    harassment are also a matter of serious concern.

    33. The learned members of the Bar have
    enormous social responsibility and obligation to
    ensure that the social fiber of family life is not
    ruined or demolished. They must ensure that
    exaggerated versions of small incidents should
    not be reflected in the criminal complaints.
    Majority of the complaints are filed either on their
    advice or with their concurrence. The learned
    members of the Bar who belong to a noble
    profession must maintain its noble traditions and
    should treat every complaint under section 498-A
    as a basic human problem and must make
    serious endeavour to help the parties in arriving
    at an amicable resolution of that human problem.
    They must discharge their duties to the best of
    their abilities to ensure that social fiber, peace
    and tranquility of the society remains intact. The
    members of the Bar should also ensure that one
    complaint should not lead to multiple cases.

    34. Unfortunately, at the time of filing of the
    complaint the implications and consequences
    23

    are not properly visualized by the complainant
    that such complaint can lead to insurmountable
    harassment, agony and pain to the complainant,
    accused and his close relations.

    35. The ultimate object of justice is to find out the
    truth and punish the guilty and protect the
    innocent. To find out the truth is a herculean task
    in majority of these complaints. The tendency of
    implicating husband and all his immediate
    relations is also not uncommon. At times, even
    after the conclusion of criminal trial, it is difficult
    to ascertain the real truth. 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. The allegations of
    harassment of husband’s close relations who
    had been living in different cities and never
    visited or rarely visited the place where the
    complainant resided would have an entirely
    different complexion. The allegations of the
    complaint are required to be scrutinized with
    great care and circumspection.

    36. Experience reveals that long and protracted
    criminal trials lead to rancour, acrimony and
    bitterness in the relationship amongst the parties.
    It is also a matter of common knowledge that in
    cases filed by the complainant if the husband or
    the husband’s relations had to remain in jail even
    for a few days, it would ruin the chances of
    amicable settlement altogether. The process of
    suffering is extremely long and painful.”

    24

    15. In Geeta Mehrotra & Anr. Vs. State of UP, it
    was observed:-

    “21. It would be relevant at this stage to take
    note of an apt observation of this Court recorded
    in the matter of G.V. Rao vs. L.H.V. Prasad
    wherein also in a matrimonial dispute, this Court
    had held that the High Court should have
    quashed the complaint arising out of a
    matrimonial dispute wherein all family members
    had been roped into the matrimonial litigation
    which was quashed and set aside. Their
    Lordships observed therein with which we
    entirely agree that:

    “12….. “there has been an outburst of
    matrimonial dispute in recent times. Marriage is a
    sacred ceremony, main purpose of which is to
    enable the young couple to settle down in life
    and live peacefully. But little matrimonial
    skirmishes suddenly erupt which often assume
    serious proportions resulting in heinous crimes in
    which elders of the family are also involved with
    the result that those who could have counselled
    and brought about rapprochement are rendered
    helpless on their being arrayed as accused in the
    criminal case. There are many reasons which
    need not be mentioned here for not encouraging
    matrimonial litigation so that the parties may
    ponder over their defaults and terminate the
    disputes amicably by mutual agreement instead
    of fighting it out in a court of law where it takes
    years and years to conclude and in that process
    25

    the parties lose their “young” days in chasing
    their cases in different courts.”

    The view taken by the judges in this matter was
    that the courts would not encourage such
    disputes.”

    16. Recently, in K. Subba Rao v. The State of
    Telangana
    , it was also observed that:-

    “6……The Courts should be careful in proceeding
    against the distant relatives in crimes pertaining
    to matrimonial disputes and dowry deaths. The
    relatives of the husband should not be roped in
    on the basis of omnibus allegations unless
    specific instances of their involvement in the
    crime are made out.”

    17. The above-mentioned decisions clearly
    demonstrate that this court has at numerous
    instances expressed concern over the misuse of
    section 498-A 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. It is further manifest from
    the said judgments that 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.

    26

    18. Coming to the facts of this case, upon a
    perusal of the contents of the FIR dated
    01.04.19, it is revealed that general allegations
    are levelled against the appellants. The
    complainant alleged that “all accused harassed
    herm mentally and threatened her of terminating
    her pregnancy”. Furthermore, no specific and
    distinct allegations have been made against
    either of the appellants herein, i.e., none of the
    appellants have been attributed any specific role
    in furtherance of the general allegations made
    against them. This simply leads to a situation
    wherein one fails to ascertain the role played
    by10 each accused in furtherance of the offence.

    The allegations are therefore, general and
    omnibus and can at best be said to have been
    made out on account of small skirmishes. Insofar
    as husband is concerned, since he has not
    appealed against the order of the High court, we
    have not examined the veracity of allegations
    made against him. However, as far as the
    Appellants are concerned, the allegations made
    against them being general and omnibus, do not
    warrant prosecution.”

    23. Recently, the Hon’ble Supreme Court has held in the case of “Charul

    Shukla V. State of UP and others” reported in 2026 SCC OnLine SC

    476″ that:-

    “22. Furthermore, with respect to the allegations
    against the sister-in -law regarding the incitement
    of the complainant’s husband in relation to the
    alleged extra-marital affair, the prosecution has
    27

    failed to provide any specific detail and has not
    been able to elaborate upon the nature of the
    relationship or how those accusations purportedly
    affected complainant’s relationship with her
    husband. It is apposite to note that upon the
    perusal of the records of the case, nothing
    material has been put forth to advance or
    substantiate the said allegations. Time and again,
    this Court has observed that merely stating
    certain vague and omnibus allegations without
    any cogent material evidence to support the same
    should not become a fillip to jump-start the
    criminal machinery of the State. At this juncture,
    we find it appropriate to quote the observations of
    this Court in Dara Lakshmi Narayana v. State of
    Telangana, (2025) 3 SCC 735 which is extracted
    as under:

    “27. A mere reference to the names of family
    members in a criminal case arising out of a
    matrimonial dispute, without specific allegations in
    the bud. It is a well-recognised fact, borne out of
    judicial experiencee that there is often a tendency
    to implicate all the members of the husband’s
    family when domestic disputes arise out of a
    matrimonial discord. Such generalised and
    sweeping accusations unsupported by concrete
    evidence or particularised allegations cannot form
    the basis for criminal prosecution. Courts must
    exercise caution in such cases to prevent misuse
    of legal provisions and the legal process and
    avoid unnecessary harassment of innocent family
    members…..

    28

    xxx

    30. The inclusion of Section 498A of the IPC by
    way of an amendment was intended to curb
    cruelty inflicted on a woman by her husband and
    his family, ensuring swift intervention by the State.
    However, in recent years, as there have been a
    notable rise Page 22 of 26 in matrimonial
    disputes across the country, accompanied by
    growing discord and tension within the institution
    of marriage, consequently, there has been a
    growing tendency to misuse provisions like
    Section 498A of the IPC as a tool for unleashing
    personal vendetta against the husband and his
    family by a wife. Making vague and generalised
    allegations during matrimonial conflicts, if not
    scrutinized, will lead to the misuse of legal
    processes and an encouragement for use of arm
    twisting tactics by a wife and/or her family.
    Sometimes, recourse is taken to invoke Section
    498A
    of the IPC against the husband and his
    family in order to seek compliance with the
    unreasonable demands of a wife. Consequently,
    this Court has, time and again, cautioned against
    prosecuting the husband and his family in the
    absence of a clear prima facie case against them.

    31. We are not, for a moment, stating that any
    woman who has suffered cruelty in terms of what
    has been contemplated under Section 498A of
    the IPC should remain silent and forbear herself
    from making a complaint or initiating any criminal
    proceeding. That is not the intention of our
    aforesaid observations but we should not
    29

    encourage a case like as in the present one,
    where as a counterblast to the petition for
    dissolution of marriage sought by the first
    appellant-husband of the second respondent
    herein, a complaint under Section 498A of the
    IPC is lodged by the latter. In fact, the insertion of
    the said provision is meant mainly for the
    protection of a woman who is subjected to cruelty
    in the matrimonial home primarily due to an
    unlawful demand for any property or valuable
    security in the form of dowry. However,
    sometimes it is misused as in the present case.”

    24. Reverting to the facts of the present case, it transpires from the FIR that

    respondent No.2/complainant has alleged that soon after her marriage

    with petitioner No.1 solemnized in December, 2020, petitioner No.1

    (husband), petitioner No.2 (mother-in-law), petitioner No.3 (father-in-

    law), petitioner No.4 (brother-in-law/devar), petitioner No.5 (sister-in-

    law/nanad) and petitioner No.6 (brother-in-law/nandoi) started

    subjecting her to physical and mental cruelty by demanding dowry,

    calling her a witch and harassing her even during her pregnancy. It has

    further been alleged that petitioner No.1 threatened to divorce and

    defame her by taking advantage of his position as a Patwari. However,

    a careful scrutiny of the FIR, the statements recorded during

    investigation and the material accompanying the charge-sheet would

    reveal that the allegations are wholly general, vague and omnibus in

    nature. Neither the FIR nor the statements of the witnesses disclose

    any specific date, time, place or distinct overt act attributable to any of

    the individual petitioners. The allegations have been levelled collectively
    30

    against all the family members without specifying the precise role

    played by each of them. It is also borne out from the record that

    petitioner No.4 is serving at Manendragarh, whereas petitioner Nos.5

    and 6 have been residing separately at District Mungeli, and no

    material has been collected during investigation indicating their active

    participation in the alleged offences. It further appears that much prior

    to the registration of the impugned FIR, petitioner No.1 had lodged a

    complaint before the Mahila Thana on 10.04.2021 and petitioner No.2

    had also submitted written complaints dated 27.05.2024 and

    16.11.2025. The counselling proceedings between the parties further

    reveal that efforts were made for reconciliation and respondent No.2

    had initially declined to accompany petitioner No.1 to the matrimonial

    home and subsequently agreed to do so. Petitioner No.1 had also

    issued a legal notice dated 18.09.2024 requesting respondent No.2 to

    resume cohabitation. Though these documents may ultimately

    constitute the defence of the petitioners, they nevertheless indicate that

    the matrimonial dispute had been continuing for a considerable period

    before the impugned FIR came to be registered. More importantly, even

    if the allegations contained in the FIR and the charge-sheet are

    accepted in their entirety, they do not disclose the necessary particulars

    constituting the offences alleged against any of the petitioners, as the

    accusations remain vague and bereft of specific instances of cruelty or

    unlawful demand of dowry. The criminal prosecution appears to have

    been launched by roping in the entire family of petitioner No.1 without

    any specific material against the individual petitioners. In such
    31

    circumstances, continuation of the criminal proceedings would amount

    to abuse of the process of law. The present case, therefore, squarely

    falls within Categories (1), (3) and (7) illustratively enumerated in

    paragraph 102 of the judgment rendered by the Hon’ble Supreme Court

    in Bhajan Lal (supra). The principles laid down by the Hon’ble Supreme

    Court in Geeta Mehrotra, Preeti Gupta, Kahkashan Kausar alias

    Sonam, Swapnil and Abhishek (supra) also lend support to the

    proposition that where allegations in a matrimonial dispute are vague,

    omnibus and do not disclose any specific role of the accused persons,

    the inherent jurisdiction of the High Court deserves to be exercised to

    prevent abuse of the process of law.

    25. As a fallout and consequence of the above-stated legal analysis and in

    the facts and circumstances of the present case, this Court is of the

    considered opinion that the continuation of the criminal proceedings

    against the petitioners would amount to abuse of the process of law.

    Accordingly, the FIR dated 19.01.2026 registered as Crime No.41/2026

    at Police Station Sirgitti, District Bilaspur (C.G.) for the offences

    punishable under Sections 85, 296, 351(2), 115(2) and 3(5) of the

    Bharatiya Nyaya Sanhita, 2023, the charge-sheet dated 10.03.2026

    (though the crime number has inadvertently been mentioned therein as

    Crime No.41/2025), the cognizance order dated 17.03.2026 passed by

    the learned Judicial Magistrate First Class, Bilaspur in Criminal Case

    No.3158/2026, and all consequential criminal proceedings arising

    therefrom against all the petitioners are hereby quashed.
    32

    26. It is, however, made clear that the proceedings instituted by respondent

    No.2 under Section 125(4) of the Bharatiya Nagarik Suraksha Sanhita,

    2023 (or the corresponding statutory provision, as applicable) shall be

    decided independently on their own merits and strictly in accordance

    with law, uninfluenced by any observation made in the present order. It

    is further clarified that any amount paid to or received by respondent

    No.2 pursuant to any interim arrangement or any other proceedings

    shall not be taken into consideration while adjudicating her entitlement

    in the proceedings under Section 125(4), and the competent Court shall

    decide the said proceedings independently on the basis of the evidence

    available before it.

    27. The present petition filed under Section 528 of the Bharatiya Nagarik

    Suraksha Sanhita, 2023 is accordingly allowed. No order as to costs.

                           Sd/-                                       Sd/-
                (Ravindra Kumar Agrawal)                         (Ramesh Sinha)
                          Judge                                    Chief Justice
    
    ved
     



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