Ravneet & Another vs State Of H.P. & Another on 29 July, 2026

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    Himachal Pradesh High Court

    Ravneet & Another vs State Of H.P. & Another on 29 July, 2026

                                                                                             2026:HHC:31472
    
    
    
    
          IN THE HIGH COURT OF HIMACHAL PRADESH, SHIMLA
                                                  Cr. MMO No. 758 of 2026
                                                  Reserved on: 21.07.2026
    
    
    
    
                                                                                       .
                                                  Date of Decision: 29.07.2026.
    
    
    
    
    
        Ravneet & another                                                             ...Petitioners
    
    
    
    
    
                                                Versus
    
        State of H.P. & another                                                      ...Respondents
    
    
    
    
                                                        of
        Coram
    
        Hon'ble Mr Justice Rakesh Kainthla, Judge.
    
    
        For the Petitioners
                            rt
        Whether approved for reporting?1
                                                    :
                                                           No.
                                                           Mr Rishi Tandon, Advocate.
    
        For Respondent                              :      Mr Jitender Sharma, Additional
                                                           Advocate General for respondent
                                                           No.1/State.
    
    
    
        Rakesh Kainthla, Judge
    

    The petitioners have filed the present petition for

    quashing of FIR No. 53 of 2022, dated 06.10.2022, registered at

    SPONSORED

    Police Station Sangrah, District Sirmour, H.P. for the commission

    of offences punishable under Sections 498-A, 406, and 506 read

    with Section 34 of Indian Penal Code (IPC) and the consequential

    proceeding arising out of it and pending before learned Judicial

    Magistrate, First Class, Rajgarh, District Sirmour, H.P. (The parties

    1
    Whether reporters of Local Papers may be allowed to see the judgment? Yes.

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    shall hereinafter be referred to in the same manner as they were

    arrayed before the trial Court for convenience).

    .

    2. Briefly stated, the facts giving rise to the present

    petition are that the informant Anjinta was married to the

    petitioner Ravneet on 14.02.2021 as per Hindu rites and customs.

    Her husband had promised not to demand anything during the

    of
    marriage; however, he demanded four gold rings, ₹50,000 and the

    Shagun from the victim and her father. Her husband and her
    rt
    mother-in-law started harassing and beating her for bringing

    insufficient dowry. They used to taunt her by saying that her

    father had not provided anything to her. The informant became

    pregnant, but she was forced to do household chores by saying

    that her father had not sent servants with her and she was brought

    for doing the work. She was not even allowed to go outside, and

    whenever her husband and his mother would go outside, they

    would lock the informant inside the house. She was not permitted

    to talk to her parents. The marriage was also not registered. She

    was not allowed to visit her parents’ home. Whenever the

    informant’s parents visited her, the informant’s husband and her

    mother-in-law misbehaved with them. They gave beatings to the

    informant on 04.10.2022 and threatened to kill her. The informant

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    was forced to leave her matrimonial home with her eleven-

    month-old daughter. The petitioners accused the informant of

    .

    stealing the jewellery worth ₹20,00,000/-, which is false. The

    informant only had ₹300/- with her. She was threatened

    telephonically. She was pregnant and was unable to take care of

    her child. She reported the matter to the police. The police

    of
    registered the FIR and investigated the matter. The police seized

    the jewellery and the bills of the jewellery from the jewellers. The
    rt
    police recorded the statements of witnesses. It was found that the

    marriage was not registered with the local Panchayat. Hence, the

    charge sheet was filed before the learned trial Court.

    3. Being aggrieved by the filing of the charge sheet, the

    petitioners have filed the present petition asserting that the

    allegations contained in the FIR are vague and do not disclose the

    essential ingredients of the offence. The police did not find any

    material to substantiate the allegations made in the FIR. The

    continuation of the proceedings would amount to an abuse of the

    process of the Court. The petitioner no. 1 and the informant came

    in contact through Facebook. The marriage was solemnised with

    the consent of their parents. Petitioner no. 1 and the informant

    independently co-habited on the first floor of the petitioner no. 1’s

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    parental house as husband and wife; they never resided with the

    parents of petitioner no. 1, who were living separately on the

    .

    ground floor. A daughter was born to petitioner no.1 and the

    informant. The elder sister of petitioner no.1 resides Canada. The

    informant’s brother wanted to settle in Canada, and the informant

    and his family members insisted that the petitioners arrange for

    of
    the settlement of the informant’s brother in Canada. When the

    petitioner and his family members expressed their inability, the
    rt
    informant and her family members started creating pressure upon

    the petitioners. The father of petitioner no. 1 suffered physical and

    mental stress due to the discord and disturbance in the

    matrimonial life of the parties. The petitioners had gone to

    Gurdwara Chamkor Sahib. The father and brother of the informant

    took her away from her matrimonial home. Petitioner no. 2 filed a

    complaint in the Police Station, but chose not to pursue it. The

    present complaint was filed as a counterblast to the complaint

    filed by petitioner no. 2. The informant had also filed a complaint

    before the Protection Officer, giving an entirely different version

    of the incident. The informant did not allow petitioner no. 1 to

    meet his daughters. Nothing was entrusted to the petitioners. The

    allegations in the complaint, even if taken to be true, do not

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    constitute the commission of any cognisable offence. Therefore, it

    was prayed that the present petition be allowed and the FIR and

    .

    the consequential proceedings arising out of the FIR be quashed.

    4. I have heard Mr Rishi Tandon, learned counsel for the

    petitioners and Mr Jitender K Sharma, learned Additional

    Advocate General for the respondent no. 1, State.

    of

    5. Mr Rishi Tandon, learned counsel for the petitioners,

    submitted that the petitioners are innocent and they were falsely
    rt
    implicated. The allegations in the complaint made to the police,

    even if accepted to be correct, do not constitute the commission of

    any cognisable offence. The allegations are vague and not

    sufficient to proceed against the petitioners. The complaint was

    filed as a counterblast to the complaint made by petitioner No. 2.

    Therefore, he prayed that the present petition be allowed, and the

    FIR and the consequential proceedings arising out of it be

    quashed.

    6. Mr Jitender K. Sharma, learned Additional Advocate

    General, for the respondent No.1/State submitted that the

    petitioners had harassed the informant for bringing insufficient

    dowry. They turned her out of her matrimonial home when she

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    was pregnant. The charge-sheet was filed before the Court in the

    year 2023, and the present petition has been filed after the lapse of

    .

    three years, for which no explanation was provided. The inherent

    jurisdiction is to be exercised sparingly, and no case is made out

    for the exercise of the inherent jurisdiction. Therefore, he prayed

    that the present petition be dismissed.

    of

    7. I have given a considerable thought to the submissions

    made at the bar and have gone through the records carefully.

    8.
    rt
    The law relating to quashing of criminal cases was

    explained by the Hon’ble Supreme Court in B.N. John v. State of

    U.P., 2025 SCC OnLine SC 7 as under: –

    “7. As far as the quashing of criminal cases is concerned, it
    is now more or less well settled as regards the principles to
    be applied by the court. In this regard, one may refer to the

    decision of this Court in State of Haryana v. Ch. Bhajan Lal,
    1992 Supp (1) SCC 335, wherein this Court has summarised

    some of the principles under which
    FIR/complaints/criminal cases could be quashed in the
    following words:

    “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

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    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.

    of
    (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
    rt Section 156(1) of the Code except under an order 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 a criminal proceeding is instituted) to

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    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

    accused and with a view to spite him due to a
    private and personal grudge.” (emphasis added)

    8. Of the aforesaid criteria, clause nos. (1), (4) and (6) would

    of
    be of relevance to us in this case.

    In clause (1), it has been mentioned that where the
    allegations made in the first information report or the
    rt
    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, then the FIR

    or the complaint can be quashed.

    As per clause (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 dated by the Magistrate as
    contemplated under Section 155 (2) of the CrPC, and in such

    a situation, the FIR can be quashed.

    Similarly, as provided under clause (6), if there is an

    express legal bar engrafted in any of the provisions of the
    CrPC or the concerned Act under which the criminal
    proceedings are instituted, such proceedings can be

    quashed.”

    9. This position was reiterated in Ajay Malik v. State of

    Uttarakhand, 2025 SCC OnLine SC 185, wherein it was observed:

    “8. It is well established that a High Court, in exercising its
    extraordinary powers under Section 482 of the CrPC, may
    issue orders to prevent the abuse of court processes or to
    secure the ends of justice. These inherent powers are

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    neither controlled nor limited by any other statutory
    provision. However, given the broad and profound nature of
    this authority, the High Court must exercise it sparingly.
    The conditions for invoking such powers are embedded

    .

    within Section 482 of the CrPC itself, allowing the High

    Court to act only in cases of clear abuse of process or where
    intervention is essential to uphold the ends of justice.

    9. It is in this backdrop that this Court, over the course of

    several decades, has laid down the principles and guidelines
    that High Courts must follow before quashing criminal
    proceedings at the threshold, thereby pre-empting the

    of
    Prosecution from building its case before the Trial Court.
    The grounds for quashing, inter alia, contemplate the
    following situations: (i) the criminal complaint has been
    filed with mala fides; (ii) the FIR represents an abuse of the
    rt
    legal process; (iii) no prima facie offence is made out; (iv)
    the dispute is civil in nature; (v.) the complaint contains

    vague and omnibus allegations; and (vi) the parties are
    willing to settle and compound the dispute amicably (State
    of Haryana v. Bhajan Lal
    , 1992 Supp (1) SCC 335)

    10. The present petition is to be decided as per the

    parameters laid down by the Hon’ble Supreme Court.

    11. It was laid down by the Hon’ble Supreme Court in Neelu

    Chopra v. Bharti, (2009) 10 SCC 184: (2010) 1 SCC (Cri) 286: 2009 SCC

    OnLine SC 1693 that the Court has to see that particulars of the

    offences committed by every accused and the role played by the

    accused in committing the offence are given in the complaint

    made to the police. It was observed: –

    “9. To lodge a proper complaint, the mere mention of the
    sections and the language of those sections is not the be-all and

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    end-all of the matter. 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 committing that offence.

    .

    10. When we see the complaint, it is sadly vague. It does not

    show which of the accused has committed what offence,
    and what is the exact role played by these appellants in the
    commission of the offence. It could be said that something

    is against Rajesh, as the allegations are made against him
    more precisely, but he is no more and has already expired.
    Under such circumstances, it would be an abuse of the

    of
    process of law to allow the prosecution to continue against
    the aged parents of Rajesh, the present appellants herein,
    on the basis of a vague and general complaint which is
    silent about the precise acts of the appellants.” (Emphasis
    rt
    supplied)

    12. Similarly, it was held in Abhishek v. State of M.P., 2023

    SCC OnLine SC 1083: 2023 INSC 779 that the tendency of false

    implication by way of general omnibus allegations, if left

    unchecked, would result in the misuse of the process of law. It was

    observed:

    “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 an 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

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    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 the in-laws would result in an

    of
    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.

    rt

    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, such as allegations of harassment by the 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.” (Emphasis supplied)

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    13. It was held in Achin Gupta v. State of Haryana, 2024 SCC

    OnLine SC 759:2024 INSC 369 that asking a person to face criminal

    .

    allegations without any specific instance of criminal misconduct

    amounts to an abuse of the process of the Court. It was observed:

    “18. The plain reading of the FIR and the chargesheet
    papers indicates that the allegations levelled by the First
    Informant are quite vague, general and sweeping,

    of
    specifying no instances of criminal conduct. It is also
    pertinent to note that in the FIR, no specific date or time of
    the alleged offence/offences has been disclosed. Even the
    police thought fit to drop the proceedings against the other
    rt
    members of the Appellants’ family. Thus, we are of the view
    that the FIR lodged by Respondent No. 2 was nothing but a
    counterblast to the divorce petition & also the domestic

    violence case.

    25. If a person is made to face a criminal trial on some general
    and sweeping allegations without bringing on record any

    specific instances of criminal conduct, it is nothing but an abuse
    of the process of the court. The court owes a duty to subject the
    allegations levelled in the complaint to thorough scrutiny to
    find out, prima facie, whether there is any grain of truth in the

    allegations or whether they are made only with the sole object
    of involving certain individuals in a criminal charge, more

    particularly when a prosecution arises from a matrimonial
    dispute.” (Emphasis supplied)

    14. It was further held that in matrimonial disputes, the

    parents, including the close relatives, make a mountain out of a

    molehill, and every matrimonial conduct amounting to nuisance

    does not constitute cruelty. It was observed: –

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    “32. Many times, the parents, including the close relatives
    of the wife, make a mountain out of a molehill. Instead of
    salvaging the situation and making every possible
    endeavour to save the marriage, their action, either due to

    .

    ignorance or on account of sheer hatred towards the

    husband and his family members, brings about the
    destruction of the marriage over trivial issues. The first
    thing that comes to mind for the wife, her parents and her

    relatives is the Police, as if the Police is the panacea of all
    evil. No sooner does the matter reach the Police than even if
    there are fair chances of reconciliation between the

    of
    spouses, they would get destroyed. The foundation of a
    sound marriage is tolerance, adjustment and respecting one
    another. Tolerance of each other’s faults, to a certain
    bearable extent, has to be inherent in every marriage. Petty
    rt
    quibbles and trifling differences are mundane matters and
    should not be exaggerated and blown out of proportion to
    destroy what is said to have been made in heaven. The Court

    must appreciate that all quarrels must be weighed from that
    point of view in determining what constitutes cruelty in
    each particular case, always keeping in view the physical
    and mental conditions of the parties, their character and

    social status. A very technical and hyper-sensitive approach
    would prove to be disastrous for the very institution of
    marriage. In matrimonial disputes, the main sufferers are

    the children. The spouses fight with such venom in their
    hearts that they do not think even for a second that if the

    marriage were to come to an end, then what would be the
    effect on their children? Divorce plays a very dubious role so
    far as the upbringing of the children is concerned. The only

    reason why we are saying so is that instead of handling the
    whole issue delicately, the initiation of criminal
    proceedings would bring about nothing but hatred for each
    other. There may be cases of genuine ill-treatment and
    harassment by the husband and his family members
    towards the wife. The degree of such ill-treatment or
    harassment may vary. However, the Police machinery
    should be resorted to as a measure of last resort and that
    too in a very genuine case of cruelty and harassment. The

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    Police machinery cannot be utilised for the purpose of
    holding the husband to ransom so that he could be
    squeezed by the wife at the instigation of her parents,
    relatives or friends. In all cases where the wife complains of

    .

    harassment or ill-treatment, Section 498A of the IPC

    cannot be applied mechanically. No FIR is complete without
    Sections 506(2) and 323 of the IPC. Every matrimonial
    conduct which may cause annoyance to the other may not

    amount to cruelty. Mere trivial irritations and quarrels
    between spouses, which happen in day-to-day married life,
    may also not amount to cruelty”

    of

    15. Similarly, it was held in Mamidi Anil Kumar Reddy v.

    State of A.P., 2024 SCC OnLine SC 127: 2024 (2) SCR 252 that the
    rt
    phenomenon of false implication by a general omnibus allegation

    in the case of a matrimonial dispute is not unknown to the Court.

    When the allegations are general and omnibus, the prosecution

    should not be continued. It was observed: –

    “14. In the considered opinion of this Court, there is
    significant merit in the submissions of the Learned Counsel

    for the Appellants. A bare perusal of the complaint,
    statement of witnesses and the charge sheet shows that the

    allegations against the Appellants are wholly general and
    omnibus in nature; even if they are taken in their entirety,
    they do not prima facie make out a case against the

    Appellants. The material on record neither discloses any
    particulars of the offences alleged nor discloses the specific
    role/allegations assigned to any of the Appellants in the
    commission of the offences.

    15. The phenomenon of false implication by way of general
    omnibus allegations in the course of matrimonial disputes
    is not unknown to this Court. In Kahkashan Kausar alias
    Sonam v. State of Bihar (2022) 6 SCC 599, this Court dealt

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    with a similar case wherein the allegations made by the
    complainant-wife against her in-laws u/s. 498A and others
    were vague and general, lacking any specific role and
    particulars. The court proceeded to quash the FIR against

    .

    the accused persons and noted that such a situation, if left

    unchecked, would result in the abuse of the process of law.
    xxxx

    17. Considering the dicta in Mahmood Ali (supra), we find
    that the High Court, in this case, has failed to exercise due
    care and has mechanically permitted the criminal
    proceedings to continue despite specifically finding that the

    of
    allegations are general and omnibus in nature. The
    Appellants herein approached the High Court on inter alia
    grounds that the proceedings were re-initiated on
    vexatious grounds and even highlighted the
    rt
    commencement of divorce proceedings by Respondent No.

    2. In these peculiar circumstances, the High Court had a

    duty to consider the allegations with great care and
    circumspection so as to protect against the danger of unjust
    prosecution.”

    16. This position was reiterated in Geddam Jhansi v. State of

    Telangana, 2025 SCC OnLine SC 263, wherein it was observed:

    “31. Invoking criminal process is a serious matter with
    penal consequences involving coercive measures, which

    can be permitted only when the specific act(s) which
    constitute offences punishable under the Penal Code or any
    other penal statute are alleged or attributed to the accused

    and a prima facie case is made out. It applies with equal
    force when criminal laws are invoked in domestic disputes.
    Criminalising domestic disputes without specific
    allegations and credible materials to support the same may
    have disastrous consequences for the institution of family,
    which is built on the premise of love, affection, cordiality
    and mutual trust. The institution of family constitutes the
    core of human society. Domestic relationships, such as
    those between family members, are guided by deeply

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    ingrained social values and cultural expectations. These
    relationships are often viewed as sacred, demanding a
    higher level of respect, commitment, and emotional
    investment compared to other social or professional

    .

    associations. For the aforesaid reason, the preservation of

    family relationships has always been emphasised. Thus,
    when family relationships are sought to be brought within
    the ambit of criminal proceedings, rupturing the family

    bond, courts should be circumspect and judicious and
    should allow invocation of the criminal process only when
    there are specific allegations with supporting materials that

    of
    clearly constitute criminal offences.

    32. We have to keep in mind that in the context of
    matrimonial disputes, emotions run high, and as such in
    the complaints filed alleging harassment or domestic
    rt
    violence, there may be a tendency to implicate other
    members of the family who do not come to the rescue of the

    complainant or remain mute spectators to any alleged
    incident of harassment, which in our view cannot by itself
    constitute a criminal act without there being specific acts
    attributed to them. Further, when tempers run high, and

    relationships turn bitter, there is also a propensity to
    exaggerate the allegations, which does not necessarily
    mean that such domestic disputes should be given the

    colour of criminality.

    33. It goes without saying that genuine cases of cruelty and

    violence in the domestic sphere, which do happen, ought to
    be handled with utmost sensitivity. Domestic violence
    typically happens within the four walls of the house and not

    in the public gaze. Therefore, such violence is not noticed
    by the public at large, except perhaps by the immediate
    neighbours. Thus, providing visible evidence by the victim
    of domestic violence may not be easily forthcoming and
    producing direct evidence may be hard and arduous, which
    does not necessarily mean that domestic violence does not
    occur. In fact, to deal with this pernicious phenomenon,
    stringent statutes like the Protection from Domestic
    Violence Act, 2005
    , have been enacted with a very expansive

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    meaning and scope of what amounts to domestic violence.
    Since violence perpetrated within the domestic sphere by
    close relatives is now criminalised, entailing serious
    consequences for the perpetrators, the courts have to be

    .

    careful while dealing with such cases by examining whether

    there are specific allegations with instances against the
    perpetrators and not generalised allegations. The purpose
    and mandate of the law to protect the victims of domestic

    violence is of paramount importance, and as such, a balance
    has to be struck by ensuring that while perpetrators are
    brought to book, all the family members or relatives are not

    of
    indiscriminately brought within the criminal net in a
    sweeping manner.

    34. For a matrimonial relationship that is founded on the
    basis of cordiality and trust to turn sour to an extent to
    rt
    make a partner hurl allegations of domestic violence and
    harassment against the other partner, would normally not

    happen at the spur of the moment, and such an
    acrimonious relationship would develop only in the course
    of time. Accordingly, such a situation would be the
    culmination of a series of acts that turn, otherwise, an

    amicable relationship into a fractured one. Thus, in such
    cases involving allegations of domestic violence or
    harassment, there would normally be a series of offending

    acts, which would be required to be spelt out by the
    complainant against the perpetrators in specific terms to

    rope such perpetrators into the criminal proceedings
    sought to be initiated against them. Thus, mere general
    allegations of harassment without pointing out the

    specifics against such perpetrators would not suffice, as is
    the case in respect of the present appellants.

    35. We are, thus, of the view that in criminal cases relating
    to domestic violence, the complaints and charges should be
    specific, as far as possible, as against each and every
    member of the family who is accused of such offences and
    sought to be prosecuted, as otherwise, it may amount to
    misuse of the stringent criminal process by
    indiscriminately dragging all the members of the family.

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    There may be situations where some of the family members
    or relatives may turn a blind eye to the violence or
    harassment perpetrated on the victim and may not extend
    any helping hand to the victim, which does not necessarily

    .

    mean that they are also perpetrators of domestic violence

    unless the circumstances clearly indicate their involvement
    and instigation. Hence, implicating all such relatives
    without making specific allegations and attributing

    offending acts to them and proceeding against them
    without prima facie evidence that they were complicit and
    had actively collaborated with the perpetrators of domestic

    of
    violence would amount to abuse of the process of law.”

    17. The present petition has to be decided as per the

    parameters laid down by the Hon’ble Supreme Court.

    rt

    18. The informant had specifically mentioned in the

    complaint made to the police that ₹50,000/- given to her as

    Shagun and four gold rings given to her were retained by the

    petitioners forcibly. It was laid down by the Hon’ble Supreme

    Court in Mulakala Malleshwara Rao v. State of Telangana, (2024) 16

    SCC 35: 2024 SCC OnLine SC 2285 that Stridhan belongs to the

    informant and retaining it constituted an offence punishable

    under Section 406 of the IPC. It was observed at page 38:

    13. The sum and substance of the present dispute lies in the
    father’s right over the gifts, i.e. “stridhan” given by him to his
    daughter at the time of marriage. The generally accepted rule,
    which has been judicially recognised, is that the woman
    exercises an absolute right over the property. We may refer to
    Pratibha Rani v. Suraj Kumar [Pratibha Rani v. Suraj Kumar,
    (1985) 2 SCC 370: 1985 SCC (Cri) 180 : (1985) 155 ITR 190],

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    wherein a Bench of three Judges observed: (SCC pp. 376-77,
    paras 6-7)
    “6. To the same effect is Maine’s Treatise on Hindu Law at p.

    728. The characteristics of Saudayika have also been spelt

    .

    out by Mulla’s Hindu Law at p. 168 (Section 113) which gives

    a complete list of the stridhan property of a woman both
    before and during coverture, which may be extracted thus:

    ‘113. Manu enumerates six kinds of stridhana:

    1. Gifts made before the nuptial fire, explained by
    Katyayana to mean gifts made at the time of marriage
    before the fire which is the witness of the nuptial

    of
    (adhyagni).

    2. Gifts made at the bridal procession, that is, says
    Katyayana, while the bride is being led from the
    rt residence of her parents to that of her husband
    (adhyavanhanika).

    3. Gifts made in token of love, that is, says Katyayana,

    those made through affection by her father-in-law
    and mother-in-law (pritidatta), and those made at
    the time of her making obeisance at the feet of elders
    (pada-vandanika).

    4. Gifts made by father.

    5. Gifts made by mother.

    6. Gifts made by a brother.’

    7. It is, therefore, manifest that the position of
    stridhan of a Hindu married woman’s property

    during coverture is absolutely clear and
    unambiguous; she is the absolute owner of such
    property and can deal with it in any manner she likes —

    she may spend the whole of it or give it away at her
    own pleasure by gift or will without any reference to
    her husband. Ordinarily, the husband has no right or
    interest in it with the sole exception that in times of
    extreme distress, as in famine, illness or the like, the
    husband can utilise it but he is morally bound to
    restore it or its value when he is able to do so. It may
    be further noted that this right is purely personal to
    the husband and the property so received by him in

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    marriage cannot be proceeded against even in
    execution of a decree for debt.”

    (emphasis supplied)

    14. The position of the wife or woman being the sole authority

    .

    in respect of “stridhan” stands emphatically stated in Rashmi

    Kumar v. Mahesh Kumar Bhada [Rashmi Kumar v. Mahesh
    Kumar Bhada, (1997) 2 SCC 397: 1997 SCC (Cri) 415] in the
    following terms: (SCC pp. 405-406, paras 9-10)

    “9. A woman’s power of disposal, independent of her husband’s
    control, is not confined to saudayika but extends to other
    properties as well. Devala says: ‘A woman’s maintenance

    of
    (vritti), ornaments, perquisites (sulka), gains (labha), are
    her stridhana. She herself has the exclusive right to enjoy it.
    Her husband has no right to use it except in distress….’ In
    N.R. Raghavachariar’s Hindu Law — Principles and
    rt
    Precedents (8th Edn.), edited by Prof. S. Venkataraman, one
    of the renowned Professors of Hindu Law, at para 468 deals

    with “Definition of Stridhana”. In para 469, dealing with
    “Sources of acquisition”, it is stated that the sources of
    acquisition of property in a woman’s possession are: gifts
    before marriage, wedding gifts, gifts subsequent to

    marriage, etc. Para 470 deals with “Gifts to a maiden”. Para
    471 deals with “Wedding gifts” and it is stated therein that
    properties gifted at the time of marriage to the bride,

    whether by relations or strangers, either Adhiyagni or
    Adhyavahanika, are the bride’s stridhana. In para 481 at p.

    426, it is stated that ornaments presented to the bride by
    her husband or father constitute her stridhana property. In
    para 487 dealing with “powers during coverture” it is

    stated that saudayika, meaning the gift of affectionate
    kindred, includes both Yautaka or gifts received at the time
    of marriage as well as its negative Ayautaka. In respect of
    such property, whether given by gift or will, she is the absolute
    owner and can deal with it in any way she likes. She may spend,
    sell or give it away at her own pleasure.

    10. It is thus clear that the properties gifted to her before the
    marriage, at the time of marriage or at the time of giving
    farewell or thereafter are her stridhana properties. It is her

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    2026:HHC:31472

    absolute property with all rights to dispose of at her own
    pleasure. He has no control over her stridhana property.
    Husband may use it during the time of his distress, but he has a
    moral obligation to restore the same or its value to his wife.

    .

    Therefore, stridhana property does not become a joint property

    of the wife and the husband and the husband has no title or
    independent dominion over the property as owner thereof.”
    (emphasis supplied)

    Pratibha Rani [Pratibha Rani v. Suraj Kumar, (1985) 2 SCC 370:

    1985 SCC (Cri) 180 : (1985) 155 ITR 190] stands followed recently
    in Maya Gopinathan v. Anoop S.B. [Maya Gopinathan v. Anoop

    of
    S.B., (2024) 16 SCC 45]

    15. Noticeably, the position of law has remained consistent
    throughout since 1985, till date, regarding the sole authority of
    the woman in respect of her “stridhan” as has also been held
    rt
    recently in Mala Kar v. State of Uttarakhand [Mala Kar v. State of
    Uttarakhand, 2024 SCC OnLine SC 1049], wherein a decree of

    divorce stood passed inter se the parties on 18-10-2014, and
    FIR was filed on 6-4-2015, the appellant’s request for the
    respondent to pay a sum of Rs 10 lakhs in full and final
    settlement of all claims, including “stridhan” was accepted,

    and the former husband was directed to pay such amount.

    16. As evidenced from the above, the jurisprudence as has been
    developed by this Court is unequivocal with respect to the

    singular right of the female (wife or former wife), as the case
    may be, being the sole owner of “stridhan”. It has been held

    that a husband has no right, and it has to then be necessarily
    concluded that a father too has no right when the daughter is
    alive, well, and entirely capable of making decisions such as

    pursuing the cause of the recovery of her “stridhan”.

    19. The informant made specific allegations against the

    petitioners that they were taunting and harassing her for bringing

    insufficient dowry. They used to force her to work by saying that

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    2026:HHC:31472

    her father had not sent servants with her. She was not allowed to

    go outside, and she was kept locked inside the house. She was not

    .

    permitted to visit her parents. She was beaten on 04.10.2022, and

    she was forced to leave her matrimonial home on 05.05.2022. An

    allegation of stealing the jewellery worth ₹20,00,000/- was made

    against her. All these allegations, prima facie, show the

    of
    commission of an offence punishable under Section 498-A read

    with Section 34 of IPC.

    20.
    rt
    It was submitted that the allegations in the complaint

    are false. This submission will not help the petitioners. The Court

    exercising inherent jurisdiction does not go into the validity or

    otherwise of the allegations and has to treat them as correct. This

    position was laid down by the Hon’ble Supreme Court in Punit

    Beriwala v. State (NCT of Delhi), 2025 SCC OnLine SC 983, wherein it

    was observed: –

    “29. It is settled law that the power of quashing a

    complaint/FIR should be exercised sparingly with
    circumspection, and while exercising this power, the Court
    must believe the averments and allegations in the
    complaint to be true and correct. It has been repeatedly held
    that, save in exceptional cases where non-interference
    would result in a miscarriage of justice, the Court and the
    judicial process should not interfere at the stage of
    investigation of offences. Extraordinary and inherent

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    powers of the Court should not be used routinely according
    to its whims or caprice.”

    21. It was laid down by the Hon’ble Supreme Court in

    .

    Maneesha Yadav v. State of U.P., 2024 SCC OnLine SC 643, that the

    Court cannot conduct a mini-trial to determine the genuineness of

    the allegations. It was observed: –

    “13. As has already been observed hereinabove, the Court

    of
    would 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 at the stage of quashing of
    the proceedings under Section 482 Cr. P.C. However, the
    rt
    allegations made in the FIR/complaint, if taken at their face
    value, must disclose the commission of an offence and make

    out a case against the accused. At the cost of repetition, in
    the present case, the allegations made in the FIR/complaint,
    even if taken at their face value, do not disclose the
    commission of an offence or make out a case against the

    accused. We are of the considered view that the present case
    would fall under Category-3 of the categories enumerated
    by this Court in the case of Bhajan Lal (supra).

    14. We may gainfully refer to the observations of this Court
    in the case of Anand Kumar Mohatta v. State (NCT of Delhi),

    Department of Home (2019) 11 SCC 706: 2018 INSC 1060:

    “14. First, we would like to deal with the submission

    of the learned Senior Counsel for Respondent 2 that
    once the charge sheet is filed, the petition for
    quashing of the FIR is untenable. We do not see any
    merit in this submission, keeping in mind the position
    of this Court in Joseph Salvaraj A. v. State of Gujarat
    [Joseph Salvaraj A.
    v. State of Gujarat, (2011) 7 SCC 59:
    (2011) 3 SCC (Cri) 23]. In Joseph Salvaraj A. [Joseph
    Salvaraj A. v. State of Gujarat
    , (2011) 7 SCC 59: (2011) 3
    SCC (Cri) 23], this Court while deciding the question of
    whether the High Court could entertain the Section

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    2026:HHC:31472

    482 petition for quashing of FIR when the charge-

    sheet was filed by the police during the pendency of
    the Section 482 petition, observed: (SCC p. 63, para 16)
    “16. Thus, the general conspectus of the

    .

    various sections under which the appellant is

    being charged and is to be prosecuted would
    show that the same are not made out even
    prima facie from the complainant’s FIR. Even

    if the charge sheet had been filed, the learned
    Single Judge [Joseph Saivaraj A. v. State of
    Gujarat, 2007 SCC OnLine Guj 365] could have

    of
    still examined whether the offences alleged
    to have been committed by the appellant
    were prima facie made out from the
    rt complainant’s FIR, charge-sheet,
    documents, etc. or not.”

    22. It was laid down by the Hon’ble Supreme Court in

    Dharambeer Kumar Singh v. State of Jharkhand, (2025) 1 SCC 392:

    2024 SCC OnLine SC 1894 that the Court cannot conduct a mini-

    trial while exercising jurisdiction under section 482 of CrPC. It was

    observed at page 397:

    “17. This Court, in a series of judgments, has held that
    while exercising inherent jurisdiction under Section 482 of
    the Criminal Procedure Code, 1973, the High Court is not

    supposed to hold a mini-trial. A profitable reference can be
    made to the judgment in CBI v. Aryan Singh [CBI v. Aryan
    Singh, (2023) 18 SCC 399: 2023 SCC OnLine SC 379]. The
    relevant paragraph from the judgment is extracted
    hereunder: (SCC paras 6-7)

    6. … As per the cardinal principle of law, at the stage of
    discharge and/or quashing of the criminal proceedings,
    while exercising the powers under Section 482CrPC, the
    Court is not required to conduct the mini-trial. …

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    2026:HHC:31472

    7. … At the stage of discharge and/or while exercising the
    powers under Section 482CrPC, the Court has very
    limited jurisdiction and is required to consider ‘whether
    any sufficient material is available to proceed further

    .

    against the accused for which the accused is required to

    be tried or not’.”

    23. The Copy of the charge sheet shows that the petition

    was filed before the learned High Court on 12.01.2023 and the

    present petition has been filed after the lapse of three and a half

    of
    years. No reason has been assigned for the inordinate delay in

    filing the present
    rt petition. The inherent jurisdiction is

    discretionary and cannot be exercised in case of inordinate delay.

    It was laid down by the Delhi High Court in Ajit Kumar Gola v. State

    (NCT of Delhi), 2026 SCC OnLine Del 1398, that ordinarily a petition

    under Section 482 of CrPC should be filed within 90 days and the

    delay beyond 90 days should be satisfactorily explained. It was

    observed:

    “12. In Bata v. Anama Behera, 1989 SCC OnLine Ori 325: 1990
    Cri LJ 1110, the learned Single Judge of the Orissa High Court

    observed as under:

    “Though for filing an application under Section 482 there is
    no limitation, the application should be filed within a
    reasonable time, so that the progress of the case is not
    disturbed at a belated stage. A revision petition challenging
    an order can be filed within 90 days from the date of the
    order. Similarly, a period of 90 days, which is at par with a
    revision petition, should be treated as a reasonable time for
    filing an application under Section 482, and if it is filed

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    2026:HHC:31472

    beyond the period of 90 days, the applicant would have to
    explain the cause of the delay.”

    13. Similarly in Gopal Chauhan v. Smt Satya, 1978 SCC OnLine
    HP 33: 1979 Cri LJ 446, it was observed that a petition under

    .

    Section 482 CrPC and Article 227 of the Constitution of

    India filed after expiry of 3 years from the date of
    summoning ought not to be entertained when the case is
    fixed for the stage of evidence and that too, when the

    petitioner has approached the Revisionist Court.

    14. Thus, although the question of inordinate delay and
    laches has not been dealt with in many cases but the fact

    of
    remains that a party who invokes the jurisdiction of the
    High Court for quashing of FIR and the consequent
    proceedings by embarking on to show that the ingredients
    of Section 409 or 420 IPC are not made out, is not only
    rt
    required to meet the test of expeditious dispatch of
    approaching to the Court but he should also be able to show

    that the facts are so glaring that it calls for interference of
    the High Court rather than raising the disputed questions of
    fact. In the present case, the FIR was admittedly registered
    in the year 1999, and a charge sheet had also been filed in

    the same year. Therefore, the petitioner was aware of what
    the accusations against him were when he appeared before
    the Court for the first time in 1999, as a complete set of the

    charge sheet must have been supplied to him. If at all, the
    petitioner felt that there was a case for quashing of the FIR,

    he ought to have approached the Court at the earliest
    possible stage. I agree with the observation made by the
    Orissa High Court that if a revision against an order of

    summoning could be filed within a period of 90 days then
    ordinarily a period of 90 days should have been sufficient to
    invoke the jurisdiction of High Court under Section 482
    CrPC Admittedly, this has not been done and if the period is
    calculated from 1999, the present petition has been filed
    after more than 11 years and, therefore, there was
    inordinate delay and laches on the part of the petitioner for
    which not even an iota of Explanation is forthcoming in the
    petition.

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    2026:HHC:31472

    15. Even if, the contention of the learned counsel for the
    petitioner that the cause of action for filing the petition
    accrued to the petitioner only after 09.052009 when the
    charges against him under Section 409 and 420 IPC were

    .

    framed, is taken to be correct even then from the date of

    framing of the charge, there has been a lapse of almost two
    years in invoking the jurisdiction of this Court. As I have
    observed hereinabove that a revision against an order ought

    to be filed within a period of 90 days and the said period has
    been held by Orissa High Court Court to be reasonable and
    sufficient to invoke the revisionary power of a Court, then

    of
    ordinarily the said period can also be said to be reasonable
    in normal circumstances while preferring a petition under
    Section 482 CrPC while as in the instant case, there is a
    lapse of almost two years without there being even an iota
    rt
    of averment in the petition as to what the petitioner was
    doing during these two years.”

    24. In the present case, the petitioners have failed to

    provide any explanation for the delay, and the inherent

    jurisdiction cannot be exercised at their instance.

    25. It is undisputed that the matter is pending before the

    Learned Trial Court. It was laid down by the Hon’ble Supreme

    Court in Iqbal v. State of U.P., (2023) 8 SCC 734: 2023 SCC OnLine SC

    949 that when the matter is pending before the learned Trial

    Court, it should be left to appreciate it. It was observed:

    “At the same time, we also take notice of the fact that the
    investigation has been completed and the charge sheet is
    ready to be filed. Although the allegations levelled in the FIR
    do not inspire any confidence, particularly in the absence of
    any specific date, time, etc. of the alleged offences, we are of
    the view that the appellants should prefer a discharge

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    application before the trial court under Section 227 of the
    Code of Criminal Procedure (CrPC). We say so because even
    according to the State, the investigation is over and the
    charge sheet is ready to be filed before the competent court.

    .

    In such circumstances, the trial court should be allowed to

    look into the materials which the investigating officer
    might have collected, forming part of the charge sheet. If
    any such discharge application is filed, the trial court shall

    look into the materials and take a call whether any
    discharge case is made out or not.”

    26. No other point was urged.

    of

    27. In view of the above, the present petition fails, and it is

    dismissed. rt

    28. The observations made hereinbefore shall remain

    confined to the disposal of the petition and will have no bearing

    whatsoever on the merits of the case.

    (Rakesh Kainthla)
    Judge

    29th July, 2026
    (ravinder)

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