Pradhuman Lal And Ors vs State Of Bihar And Anr on 7 April, 2026

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    Patna High Court – Orders

    Pradhuman Lal And Ors vs State Of Bihar And Anr on 7 April, 2026

    Author: Sunil Dutta Mishra

    Bench: Sunil Dutta Mishra

                           IN THE HIGH COURT OF JUDICATURE AT PATNA
                                   CRIMINAL MISCELLANEOUS No.17188 of 2018
                          Arising Out of PS. Case No.-394 Year-2011 Thana- BHOJPUR COMPLAINT CASE
                                                          District- Bhojpur
                      ======================================================
                1.     Pradhuman Lal, Son of Late Phulena Lal,
                2.    Usha Devi, Wife of Pradhuman Lal,
                3.    Sanjeet Kumar, Son of Pradhuman Lal,
                4.    Santosh Lal, Son of Sri Vijay Lal,
                5.    Geeta Devi, Wife of Santosh Lal, Resident of Village- Majharia, P.S.- Buxar
                      Industrial District- Buxar. Presently P.W.D. Quarter, P.S.- Buxar, District-
                      Buxar (As per complaint residing at Mohalla- Nai Bazar, P.S.- Buxar,
                      District- Buxar.)
    
                                                                                   ... ... Petitioner/s
                                                           Versus
                1.    The State of Bihar
                2.    Anjali Devi @ Jyoti Devi, D/o Birendra Kumar Sinha, Village- Teghara,
                      P.S.- Bihiya, Distt- Bhojpur Ara. Presently residing at Mohalla- Nawadah at
                      Ara in quarter of P.H.E.D. at Ara Town, District- Bhojpur.
    
                                                             ... ... Opposite Party/s
                      ======================================================
                      Appearance :
                      For the Petitioner/s   :       Mr. Ajay Nandan Sahay, Advocate
                      For the State          :       Mr. Nityanand, APP
                      For the O.P. No.2      :       Mr. Akash Kr. Mishra, Advocate
                      ======================================================
                      CORAM: HONOURABLE MR. JUSTICE SUNIL DUTTA MISHRA
                                            ORAL ORDER
    
    11   07-04-2026

    Heard learned counsel for the petitioners as well as

    learned counsel for the O.P. No.2 and learned APP for the State.

    SPONSORED

    2. The present application has been filed under

    Section 482 of the Code of Criminal Procedure, 1973

    (hereinafter referred to as ‘Cr.P.C.’) for quashing the order dated

    22.12.2017 passed by the learned S.D.J.M., Bhojpur at Ara

    (hereinafter referred to as ‘Magistrate’) in Trial No.3127 of 2011

    arising out of Complaint Case No.394 (C) of 2011 wherein
    Patna High Court CR. MISC. No.17188 of 2018(11) dt.07-04-2026
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    learned Magistrate has rejected the discharge petition filed

    under Section 245 of the Cr.P.C. by the petitioners herein.

    3. The genesis of the present case arises out of

    Complaint Case No.394 (C) of 2011, which was instituted on

    the basis of a complaint dated 23.03.2011 filed by O.P. No. 2

    against her husband and his family members, including the

    present petitioners, alleging commission of offences under

    Sections 498A and 379 of the Indian Penal Code, 1860 and

    under Sections 3 and 4 of the Dowry Prohibition Act, 1961. As

    per the complaint, the marriage of the complainant (O.P. No.2)

    was solemnized with the husband, Deepak Kumar, in the year

    2008, and at the time of marriage, cash, gifts, and other articles

    were given as per the financial capacity of her family. It has

    been alleged that after the marriage, the accused persons,

    including the present petitioners, started demanding additional

    dowry of Rs.50,000/- and a motorcycle, and upon non-

    fulfilment of the said demand, the O.P. No.2 was subjected to

    physical and mental cruelty. The complaint further discloses that

    despite intervention by her parental family on earlier occasions,

    the alleged harassment continued, and ultimately, she was

    compelled to leave her matrimonial home and take shelter at her

    parental house. The petitioners, who are the father-in-law,
    Patna High Court CR. MISC. No.17188 of 2018(11) dt.07-04-2026
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    mother-in-law, brother-in-law, and distant relatives (Mausa and

    Mausi) of the husband of O.P. No.2, have been arrayed as

    accused in the said complaint. Upon filing of the complaint,

    cognizance for the offences under Section 498A and 379 of the

    Indian Penal Code and under Sections 3 and 4 of the Dowry

    Prohibition Act was taken against the accused persons,

    including the present petitioners.

    4. It appears from the record that after appearance in

    the case, the present petitioners filed an application for

    discharge under Section 245 of the Cr.P.C., stating therein that

    no prima facie case is made out against them and that they have

    been implicated on the basis of general and omnibus allegations

    without any specific overt act. The learned Magistrate, however,

    upon consideration of the materials available on record and the

    evidence adduced before charge, rejected the said discharge

    petition vide the impugned order dated 22.12.2017. Being

    aggrieved by the said order of rejection of discharge, the

    petitioners have preferred the present Criminal Miscellaneous

    Application seeking quashing of the impugned order as well as

    the entire criminal proceeding against them.

    5. Learned counsel for the petitioners submits that the

    impugned order dated 22.12.2017 rejecting the discharge
    Patna High Court CR. MISC. No.17188 of 2018(11) dt.07-04-2026
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    petition, suffers from non-application of judicial mind,

    inasmuch as the learned Magistrate failed to consider that the

    allegations made in the complaint are vague, general and

    omnibus in nature, without attributing any specific role or overt

    act to the present petitioners. Learned counsel further submits

    that the petitioners are merely in-laws and distant relatives of

    the husband, some of whom were residing separately, and have

    been falsely implicated due to matrimonial discord between the

    husband and the O.P. No.2. It is further submitted that even the

    materials brought on record during inquiry do not disclose any

    prima facie case against the petitioners.

    6. Learned counsel for the petitioners further submits

    that the witnesses examined before charge does not substantiate

    the essential ingredients of the offences alleged against the

    petitioners. It is pointed out that neither the complainant nor her

    parents have come forward to depose in support of the

    complainant (O.P. No.2). Learned counsel submits that the

    learned Magistrate has mechanically rejected the discharge

    petition under Section 245 of the Cr.P.C. without properly

    appreciating the absence of specific allegations and the settled

    legal position that distant relatives should not be roped in on the

    basis of bald allegations. Learned counsel thus submits that
    Patna High Court CR. MISC. No.17188 of 2018(11) dt.07-04-2026
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    continuance of the criminal proceeding against the petitioners

    would amount to abuse of the process of the Court and the

    impugned order is liable to be set aside.

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

    impugned order dated 22.12.2017 has been passed after due

    consideration of the materials available on record and does not

    suffer from any illegality. It is submitted that the complaint as

    well as the evidence adduced during inquiry clearly disclose a

    prima facie case against the petitioners, who have actively

    participated in subjecting the O.P. No.2 to cruelty in connection

    with demand of dowry. He further submits that at the stage of

    discharge under Section 245 of the Cr.P.C., the Court is only

    required to see whether sufficient grounds exist to proceed, and

    not to meticulously examine the evidence. Learned counsel thus

    submits that the petitioners have rightly been directed to face

    trial and the present application is liable to be dismissed.

    8. Learned APP for the State submits that the

    impugned order does not call for any interference, as the learned

    Magistrate has rightly found sufficient materials to proceed

    against the petitioners. It is submitted that at the stage of

    consideration of discharge, truthfulness of the allegations cannot

    be examined in detail. Learned APP thus submits that the
    Patna High Court CR. MISC. No.17188 of 2018(11) dt.07-04-2026
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    application is devoid of merit and is liable to be rejected.

    9. Having heard the learned counsel for the parties as

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

    materials available on record, the core issue that arises for

    consideration in the present case is whether the materials on

    record disclose sufficient grounds for proceeding against the

    petitioners for the offences alleged.

    10. Before adverting to the merits of the case, it would

    be apposite to consider the scope of Section 245 of the Cr.P.C.

    In a warrant case under Section 245 of the Cr.P.C. instituted

    otherwise than on a police report i.e. on complaint, the

    Magistrate is required to discharge the accused if, upon taking

    all the evidence referred to under Section 244 of the Cr.P.C., no

    case is made out. A criminal Court is expected under Section

    245(1) of the Cr.P.C. only to consider whether such a case has

    been made out ‘which, if unrebutted, would warrant a

    conviction’. The quality of consideration of the material

    available before the Court at a later stage of proceeding i.e. at

    the stage of deciding whether the accused deserves to be

    convicted or acquitted is totally different and more exhaustive.

    The quality of consideration at the stage of Sections 203 & 204

    of the Cr.P.C. and Sections 245 & 246 of the Cr.P.C. are
    Patna High Court CR. MISC. No.17188 of 2018(11) dt.07-04-2026
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    different. At this stage, the Court is not required to conduct a

    meticulous appreciation of evidence, but it must be satisfied that

    there exist sufficient grounds to proceed against the accused.

    Conversely, where the allegations are vague, unsupported by

    material evidence, or do not disclose the essential ingredients of

    the offence, the accused is entitled to discharge.

    11. 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
    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
    Patna High Court CR. MISC. No.17188 of 2018(11) dt.07-04-2026
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    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
    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
    Patna High Court CR. MISC. No.17188 of 2018(11) dt.07-04-2026
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    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.”

    12. 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
    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
    Patna High Court CR. MISC. No.17188 of 2018(11) dt.07-04-2026
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    lines.”

    (emphasis supplied)

    13. Having considered the rival submissions and on

    perusal of the materials available on record, this Court finds that

    the allegations made in the complaint against the present

    petitioners are general and omnibus in nature, without

    specifying any particular overt act attributable to them. The

    petitioners are admittedly the in-laws and distant relatives of the

    husband, and there is nothing on record to indicate their direct

    involvement in the alleged occurrence. Further, the evidence

    adduced before charge does not prima facie establish the

    essential ingredients of the offences alleged against the

    petitioners herein. In such circumstances, allowing the criminal

    proceeding to continue against the petitioners would amount to

    abuse of the process of the Court.

    14. In view of the discussions made hereinabove and

    upon careful consideration of the entire materials available on

    record, this Court is of the considered opinion that the learned

    Magistrate has not appreciated material aspects of the case

    while rejecting the discharge petition. The impugned order,

    therefore, warrants interference by this Court, as continuation of

    the criminal proceeding against the present petitioners, in the

    facts and circumstances of the case, would not be justified.

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    15. Accordingly, the impugned order dated

    22.12.2017 passed by learned S.D.J.M., Bhojpur at Ara in Trial

    No.3127 of 2011 arising out of Complaint Case No.394 (C) of

    2011, whereby the petition filed by the petitioner under Section

    245 of the Cr.P.C. has been rejected, is hereby quashed.

    16. Resultantly, the entire criminal proceeding, so far

    as it relates to the present petitioners, also stands quashed.

    17. The present Criminal Miscellaneous Application,

    accordingly, stands allowed.

    18. Let a copy of this Order be communicated to the

    Court concerned forthwith.

    (Sunil Dutta Mishra, J)
    Ritik/-

    U         T
     



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