Jamil Ahmad And Ors vs State Of Bihar And Anr on 1 May, 2026

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    Patna High Court – Orders

    Jamil Ahmad And Ors vs State Of Bihar And Anr on 1 May, 2026

    Author: Sunil Dutta Mishra

    Bench: Sunil Dutta Mishra

                          IN THE HIGH COURT OF JUDICATURE AT PATNA
                                  CRIMINAL MISCELLANEOUS No.3371 of 2018
                      Arising Out of PS. Case No.-2425 Year-2015 Thana- WEST CHAMPARAN COMPLAINT
                                                     District- West Champaran
                     ======================================================
               1.     Jamil Ahmad Son of Late Saharuddin, Resident of Village Telpur, P.S.
                      Lauriya, District West Champaran.
               2.    Junaid Ahmad @ Junaid Alam Son of Late Sheikh Bari, Resident of Village
                     Bagahi Deoraj, P.S. Lauriya, District West Champaran.
               3.    Husne Ara Khatoon @ Husne Ara Begum Wife of Junaid Ahmad, Daughter
                     of Jamil Amhad.
               4.    Roshan Ara Daughter of Jamil Ahmad, Wife of Md. Faiyaz,
                     Both Resident of Village-Manguraha, P.S. Ramnagar, District West
                     Champaran.
    
                                                                               ... ... Petitioner/s
                                                       Versus
    
               1.    The State of Bihar.
               2.    Hena Shabnam Wife of Aurangzeb, Daughter of Farmood Alam, Resident of
                     Village- Bagahi Deoraj, P.S. Lauriya, District West Champaran.
    
                                                            ... ... Opposite Party/s
                     ======================================================
                     Appearance :
                     For the Petitioner/s     :    Mr. Umesh Chandra Verma, Advocate.
                     For the Opposite Party/s :    Mr. Gauri Shankar Gupta, A.P.P.
                     ======================================================
                     CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                           ORAL ORDER
    
    9   01-05-2026

    1. Heard learned counsel for the petitioners as well as

    learned APP for the State.

    SPONSORED

    2. The present application has been filed under

    Section 482 of the Code of Criminal Procedure, 1973 invoking

    the inherent jurisdiction of this Court for quashing the order

    dated 10.03.2016 passed in Complaint Case No. 2425 C of 2015

    (S.C. No. 985 of 2016) by the learned Sub-Divisional Judicial

    Magistrate, Bettiah, West Champaran (hereinafter referred to as
    Patna High Court CR. MISC. No.3371 of 2018(9) dt.01-05-2026
    2/11

    ‘Magistrate’), wherein the learned Magistrate took cognizance

    of the offences punishable under Section 498A of the Indian

    Penal Code and under Section 4 of the Dowry Prohibition Act,

    1961 against the petitioners herein, who are in-laws of the O.P.

    No.2, and against husband of O.P. No.2.

    3. Brief facts of the case, as emerging from the record,

    are that O.P. No. 2 filed Complaint Case No. 2425 C of 2015 on

    28.10.2015 before the Court of learned Chief Judicial

    Magistrate, Bettiah, alleging that she was married to Aurangzeb

    (co-accused) on 14.03.2012 and, after some time of the

    marriage, she was subjected to cruelty on account of demand of

    dowry, particularly a Bolero vehicle. It has been alleged that

    upon failure of her parental side to meet the said demand, she

    was subjected to physical and mental torture by her husband and

    his family members. Further allegation is that certain amounts

    were forcibly taken from her side and she was threatened with

    dire consequences, including remarriage of her husband. It is

    further alleged that on 27.10.2015, at about 8:00 A.M., she was

    assaulted by the accused persons and an attempt was made to

    administer poison to her, which she somehow resisted, and

    thereafter she was ousted from her matrimonial home along

    with her children.

    Patna High Court CR. MISC. No.3371 of 2018(9) dt.01-05-2026
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    4. Upon perusal of the materials available on record,

    including the complaint petition, the statement of O.P. No. 2

    recorded on solemn affirmation and the statements of the

    inquiry witnesses, the learned Magistrate found a prima facie

    case and accordingly took cognizance of the offences

    punishable under Section 498A of the Indian Penal Code and

    under Section 4 of the Dowry Prohibition Act against the

    petitioners as well as the husband of O.P. No. 2, and summoned

    them to face trial vide the impugned order dated 10.03.2016.

    5. Aggrieved by the said impugned order of

    cognizance dated 10.03.2016, the petitioners have preferred the

    present application seeking quashing of the same by invoking

    the inherent jurisdiction of this Court.

    6. Learned counsel for the petitioners submits that the

    impugned order of cognizance is wholly mechanical and has

    been passed without proper application of judicial mind. It is

    submitted that the petitioners, who are relatives of the husband,

    have been roped in the present case on the basis of vague,

    general and omnibus allegations without attributing any specific

    overt act to them. Learned counsel further submits that no

    concrete or specific instance of cruelty or demand of dowry has

    been alleged against these petitioners, and the allegations made
    Patna High Court CR. MISC. No.3371 of 2018(9) dt.01-05-2026
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    in the complaint petition are sweeping in nature, which do not

    satisfy the essential ingredients of the offence under Section

    498A of the Indian Penal Code or Section 4 of the Dowry

    Prohibition Act.

    7. Learned counsel for the petitioners further submits

    that the continuation of the criminal proceeding against the

    petitioners would amount to abuse of the process of the Court,

    particularly when the dispute appears to be a matrimonial

    discord which has been given a criminal colour with mala fide

    intention. He submits that the married sisters-in-law and other

    relatives have been unnecessarily implicated only to harass the

    entire family. It is submitted that the present case squarely falls

    within the parameters laid down by the Hon’ble Supreme Court

    in State of Haryana and Ors. v. Bhajan Lal and Ors., reported

    in 1992 Supp (1) SCC 335, and therefore, the impugned order is

    liable to be quashed in exercise of inherent jurisdiction to secure

    the ends of justice.

    8. Learned APP for the State opposes the prayer for

    quashing and submits that from the complaint petition and the

    materials collected during inquiry, a prima facie case is made

    out against the petitioners. He submits that the learned

    Magistrate has rightly taken cognizance and, at this stage,
    Patna High Court CR. MISC. No.3371 of 2018(9) dt.01-05-2026
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    interference under Section 482 Cr.P.C. is not warranted.

    9. Despite valid service of notice and sufficient

    opportunities having been granted, no one has appeared on

    behalf of O.P. No. 2 to contest the present application, and the

    matter is accordingly being considered in her absence.

    10. Having considered the rival submissions and on

    examination of the record, it is trite that the inherent jurisdiction

    of this Court under Section 482 of the Code of Criminal

    Procedure is to be invoked with great caution and only to

    prevent abuse of the process of the Court or to secure the ends

    of justice. At the stage of cognizance, the Court is required to

    ascertain whether the allegations, taken at their face value,

    disclose the commission of any offence and not to undertake a

    detailed evaluation of the evidence or its reliability.

    Nonetheless, where the allegations are general in nature, lack

    specific particulars, or fail to constitute the essential ingredients

    of the alleged offence, this Court would be justified in

    exercising its inherent powers to quash such proceedings.

    11. It is equally well settled that in cases arising out of

    matrimonial disputes, the tendency to implicate all family

    members of the husband without specific and distinct

    allegations has been deprecated by the Hon’ble Supreme Court
    Patna High Court CR. MISC. No.3371 of 2018(9) dt.01-05-2026
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    in a catena of decisions. The Hon’ble Apex Court has

    consistently held that vague and omnibus allegations, without

    any prima facie material indicating active involvement, would

    not justify the continuation of criminal proceedings against such

    relatives. However, it is equally settled that where the

    allegations are inherently improbable, absurd, or do not disclose

    the essential ingredients of the alleged offences, or where the

    proceeding appears to be manifestly attended with mala fide and

    instituted with ulterior motive, the Court would be justified in

    exercising its inherent jurisdiction to prevent abuse of the

    process of law.

    12. 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.

    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
    particular relevance. Recently, in Kahkashan
    Kausar v. State of Bihar
    [(2022) 6 SCC
    599], this Court had occasion to deal with a
    Patna High Court CR. MISC.
    No.3371 of 2018(9) dt.01-05-2026
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    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-AIPC. 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-AIPC 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
    ulterior motive of wreaking vengeance, then
    Patna High Court CR. MISC. No.3371 of 2018(9) dt.01-05-2026
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    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.”

    13. The Hon’ble Supreme Court in Achin Gupta v.

    State of Haryana and Anr., reported in (2025) 3 SCC 756 has

    observed as under:

    “35. In one of the recent pronouncements of
    this Court in Mahmood Ali v. State of U.P.
    [Mahmood Ali v. State of U.P., (2023) 15
    SCC 488] , authored by one of us (J.B.
    Pardiwala, J.), the legal principle applicable
    apropos Section 482 CrPC was examined.
    Therein, it was observed that when an
    accused comes before the High Court,
    invoking either the inherent power under
    Section 482CrPC 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
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    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.”

    (emphasis supplied)

    14. Upon careful examination of the complaint

    petition, the statement of O.P. No. 2 on solemn affirmation and

    the statements of the inquiry witnesses, it appears that the core

    allegation of demand of dowry, particularly the demand of a

    Bolero vehicle, is primarily directed against the husband. So far

    as the present petitioners are concerned, the allegations are

    largely general, omnibus and sweeping in nature without

    specifying any particular date, time or specific overt act

    attributable to each of them. The materials on record do not

    disclose any distinct role played by these petitioners so as to

    prima facie constitute the ingredients of the alleged offences

    against them.

    15. It further transpires that petitioner nos. 3 and 4 are

    sisters-in-law residing separately, and petitioner no. 2 is the

    brother-in-law (bahnoi), who does not ordinarily share the same

    household, thereby making their direct involvement in the
    Patna High Court CR. MISC. No.3371 of 2018(9) dt.01-05-2026
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    alleged day-to-day acts of cruelty inherently doubtful. The

    allegations regarding assault and attempt to administer poison

    also lack specific attribution against the individual petitioners

    and appear to be exaggerated and generalized. In such

    circumstances, the implication of all the family members, in

    absence of specific allegations, indicates a tendency to rope in

    the entire family, which casts serious doubt on the sustainability

    of the criminal proceeding against these petitioners.

    16. It is well settled that the inherent jurisdiction of

    the High Court under Section 482 Cr.P.C. is to be exercised to

    prevent abuse of the process of the Court and to secure the ends

    of justice. In Bhajan Lal (supra), the Hon’ble Supreme Court

    has laid down illustrative categories wherein criminal

    proceedings can be quashed, including cases where the

    allegations made in the complaint, even if taken at their face

    value, do not constitute any offence or where the proceedings

    are manifestly attended with mala fide and instituted with an

    ulterior motive for wreaking vengeance. The present case, in the

    considered opinion of this Court, falls within the said

    parameters inasmuch as the allegations against the petitioners

    are vague and omnibus without any specific material to proceed

    against them.

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    17. Accordingly, in view of the discussions made

    hereinabove and having regard to the facts and circumstances of

    the case as well as the settled legal position, this Court is of the

    considered opinion that the continuation of the criminal

    proceeding against the present petitioners would amount to

    abuse of the process of the Court. The impugned order of

    cognizance dated 10.03.2016, so far as it relates to the

    petitioners, is not sustainable in the eyes of law and is, therefore,

    liable to be quashed.

    18. Resultantly, the impugned order dated 10.03.2016

    passed in Complaint Case No. 2425 C of 2015 (S.C. No. 985 of

    2016) by the learned Sub-Divisional Judicial Magistrate,

    Bettiah, West Champaran, is hereby quashed so far as the

    present petitioners are concerned.

    19. The present Criminal Miscellaneous Application,

    accordingly, stands allowed.

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

    Court concerned forthwith for needful.

    (Sunil Dutta Mishra, J)
    Ritik/-

    U         T
     

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