Smt Sumithra vs State Of Karnataka on 25 March, 2026

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    Karnataka High Court

    Smt Sumithra vs State Of Karnataka on 25 March, 2026

    Author: M.Nagaprasanna

    Bench: M.Nagaprasanna

                                1
    
    
    
    Reserved on   :05.03.2026
    Pronounced on :25.03.2026                                R
           IN THE HIGH COURT OF KARNATAKA AT BENGALURU
    
               DATED THIS THE 25TH DAY OF MARCH, 2026
    
                               BEFORE
    
            THE HON'BLE MR. JUSTICE M. NAGAPRASANNA
    
                 CRIMINAL PETITION No.12989 OF 2024
    BETWEEN:
    
    1 . SMT.SUMITHRA
        W/O JAGANNATH,
        AGED ABOUT 59 YEARS.
    
    2 . SRI JAGANNATH,
        S/O DODDASHESHAIH,
        AGED ABOUT 70 YEARS.
    
       PETITIONER NO.1 AND 2 ARE
       RESIDENTS OF NO.140, SHWETADRI,
       7TH MAIN ROAD, 3RD STAGE,
       7TH MAIN ROAD, DR. CORNER
       GOKULAM, 3RD STAGE,
       MYSURU - 570 002.
    
    3 . SMT. J SHWETHA
        W/O VINAY KUMAR V.,
        AGED ABOUT 39 YEARS,
        RESIDENT OF NO.34
        BLOCK 2, MADHUVANA LAYOUT,
        SRIRAMPURA 2ND STAGE,
        MYSURU - 570 002.
                                                 ... PETITIONERS
    (BY SMT.KEERTHI KRISHNA REDDY, ADVOCATE )
                                2
    
    
    
    
    AND:
    
    1.   STATE OF KARNATAKA
         REPRESENTED BY
         INSPECTOR OF POLICE,
         BASAVESHWARANAGARA POLICE STATION,
         REPRESENTED BY
         STATE PUBLIC PROSECUTOR,
         HIGH COURT OF KARNATAKA,
         BENGALURU - 560 001.
    
    2.   SMT. RAJANI,
         W/O TEJAS,
         AGED ABOUT 35 YEARS,
         R/AT FLAT NO.002,
         NAVAMI JYOTSNA APARTMENT,
         MODEL, LIC COLONY,
         3RD STAGE, 4TH BLOCK,
         BASAVESHWARANAGARA
         BENGALURU - 560 079.
                                                ... RESPONDENTS
    
    (BY SRI B.N.JAGADEESHA, ADDL.SPP FOR R-1;
        SMT.DESIREE M.PAIS, ADVOCATE FOR
        SRI VIVEK HOLLA, ADVOCATE FOR R-2 )
    
         THIS CRIMINAL PETITION IS FILED UNDER SECTION 482 OF
    CR.P.C., PRAYING TO a) QUASH THE ENTIRE PROCEEDINGS IN
    C.C.NO.23089/2021 PENDING ON THE FILE OF THE XXIV ADDL.
    CHIEF METROPOLITAN MAGISTRATE, BENGALURU FOR THE
    OFFENCES P/U/S 498A, 506 AND 34 OF IPC AND SECTION 3 AND 4
    DOWRY PROHIBITION ACT, 1961 (ANNEXURE-A) REGISTERED ON
    THE     BASIS   OF    CHARGE    SHEET    FILED   BY    THE
    BASAWESHWARANAGAR POLICE STATION, BENGALURU IN CRIME
    NO.333/2018; b) QUASH THE ENTIRE CHARGE SHEET FILED BY
    THE BASAWESHVARANAGARA POLICE STATION, BENGALURU,
    DATED 12.08.2021, IN CR.NO.333/2018 FOR THE OFFENCES P/U/S
                                       3
    
    
    
    498A, 506 AND 34 OF IPC AND SECTION 3 AND 4 DOWRY
    PROHIBITION ACT, 1961 (ANNEXURE-B) NOW PENDING IN
    C.C.NO.23089/2021 BEFORE THE XXIV ACMM COURT BENGALURU.
    
    
         THIS CRIMINAL PETITION HAVING BEEN HEARD AND
    RESERVED FOR ORDERS ON 05.03.2026, COMING ON FOR
    PRONOUNCEMENT THIS DAY, THE COURT MADE THE FOLLOWING:-
    
    
    CORAM:     THE HON'BLE MR JUSTICE M.NAGAPRASANNA
    
                                 CAV ORDER
    
    
          The petitioners/accused 2 to 4 are at the doors of this Court
    
    calling in question proceedings in C.C.No.23089 of 2021 pending
    
    before the XXIV Additional Chief Metropolitan Magistrate, Bengaluru
    
    arising out of crime in Crime No.333 of 2018 registered for offences
    
    punishable under Sections 498A, 506 r/w 34 of the IPC and
    
    Sections 3 and 4 of the Dowry Prohibition Act, 1961 (hereinafter
    
    referred to as 'the Act' for short).
    
    
          2. Heard Smt. Keerthi Krishna Reddy, learned counsel for the
    
    petitioner, Sri B.N.Jagadeesha, learned Additional State Public
    
    Prosecutor appearing for respondent No.1 and Smt. Desiree M.Pais,
    
    learned counsel appearing for respondent No.2.
                                           4
    
    
    
            3. Facts, in brief, germane are as follows: -
    
    
            Accused Nos.1 and 4 are the son and daughter respectively of
    
    petitioners 1 and 2. 2nd respondent is the complainant, daughter-
    
    in-law of petitioners 1 and 2. Accused No.1 and the complainant got
    
    married on 20-04-2018. Barely 6 months after the marriage, the
    
    relationship between accused No.1 and the complainant floundered.
    
    The     floundering      of   relationship   between    the   two      leads   the
    
    complainant to the jurisdictional Police to register a complaint
    
    alleging cruelty by the husband, accused No.1 and mother-in-law,
    
    father-in-law and sister-in-law on the plea of demand of dowry.
    
    This becomes a crime in Crime No.333 of 2018. The police conduct
    
    investigation and file a charge sheet against four persons as
    
    accused, to be tried for the aforesaid offences. The petitioners,
    
    mother-in-law, father-in-law and sister-in-law are now before the
    
    Court     calling   in    question    registration     of   criminal    case    in
    
    C.C.No.23089 of 2021 and its continuance.
    
    
            4. The learned counsel Smt. Keerthi Krishna Reddy appearing
    
    for the petitioners would vehemently contend that the relationship
    
    between accused No.1 and the complainant has failed on its own
                                     5
    
    
    
    accord. The petitioners who are mother-in-law, father-in-law and
    
    sister-in-law who do not reside with the complainant are drawn into
    
    the web of proceedings without any rhyme or reason. She would
    
    take this Court to the documents appended to the petition seeking
    
    to demonstrate that there is not an iota of ingredient of the
    
    offences so alleged against these petitioners. She would contend
    
    that the husband is not before the Court. It is for him to defend the
    
    action of any allegation made by the complainant, his wife. She
    
    would seek to place reliance upon plethora of judgments rendered
    
    by the Apex Court on the issue, to buttress her submission that
    
    permitting further trial in the case would become an abuse of the
    
    process of law.
    
    
          5. Per contra, the learned counsel appearing for the 2nd
    
    respondent/complainant would vehemently refute the submission in
    
    contending that a perusal at the complaint or the summary of the
    
    charge sheet would clearly indicate all the ingredients of offences so
    
    alleged against all of them, be it Sections 498A, 34 of the IPC or
    
    under the Act. There is a clear demand of dowry. The relationship
    
    between the couple fell apart barely after six months and ample
                                      6
    
    
    
    evidence is produced to demonstrate collective cruelty by all these
    
    petitioners. The sister-in-law who even used to visit the house also
    
    played a role along with her parents in instigating accused No.1 to
    
    meet cruelty on the wife, as also demand of dowry. She submits
    
    that Police after investigation have filed charge sheet before the
    
    Court way back in the year 2021. The crime is of the year 2018.
    
    The matter is at the stage of hearing before charge. Therefore, this
    
    Court at this juncture should not interdict the trial and it is for the
    
    petitioners to come out clean in a full-blown trial.
    
    
    
          6. Both, the learned counsel for the petitioners and the 2nd
    
    respondent, have in unison contended that several talks to mediate
    
    between the parties, even at the instance of the Court have failed.
    
    
          7. The learned Additional State Public Prosecutor would also
    
    toe the lines of the learned counsel appearing for the complainant
    
    to contend that the Police after investigation have filed a charge
    
    sheet and against the mother-in-law and the father-in-law in
    
    particular, there are allegations of demand of dowry. Therefore, this
    
    Court should not lend its protective hand to the petitioners at this
                                            7
    
    
    
    stage. It is for the petitioners to come out clean in a full-blown trial.
    
    Learned counsel for the 2nd respondent and the learned Additional
    
    State Public Prosecutor in unison, seek dismissal of the petition.
    
    
           8. I have given my anxious consideration to the submissions
    
    made by the respective learned counsel and have perused the
    
    material on record.
    
    
           9.   The   afore-narrated       facts        are     not       in     dispute.   The
    
    relationship between the protagonists in the issue is afore-narrated.
    
    The husband/accused No.1 is not before the Court. Other accused
    
    before the Court are the mother-in-law, father-in-law and sister-in-
    
    law.   The marriage between accused No.1 and the complainant
    
    happens on 20-04-2018. Six months thereafter emerges the
    
    complaint by the wife/2nd respondent. Since the entire issue is now
    
    triggered from the complaint, I deem it appropriate to notice the
    
    complaint. It reads as follows:
    
                                     "....        ....      ....
    
                  ಷಯ:- ವರದ   ೆ   ರುಕುಳ     ೕಡು ರುವ ನನ ಗಂಡ ಾದ               ೇಜ , ಅ ೆ
                       ಸು   ತ , !ಾವ ".ಜಗ ಾ #,          ಾ$     %ೆ&ೕತ ರವರ        ರುದ' ಸೂಕ
                       )ಾನೂನು ಕ ಮ)ೈ,ೊಳ-.ವಂ ೆ ದೂರು.
    
                                               *****
                                          8
    
    
    
    
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    ಅವIಗಳನು ಮಗನ )ೈಯ45 ಕಳ-=¹zÉÝêÉAzÀÄ ನನ ಅ ೆ Jೇbದರು. ನಂತರ nೕoT, ಆ7ತು ಸಂ}ೆ
    5.00 ಗಂPೆ,ೆ ಬ       ಎಂದು Jೇbದರು, ಅ6ೇ $ನ 5.00 ಗಂPೆ,ೆ                ಾವI ~ೕ• !ಾ"6ಾಗ
    ಸದ>ಯವರು ~ೕ•ನು             ೆ,ೆ$ರುವI$ಲ5,    M ಇಲ56ೆ 9ಾಪಸು• ಬಂ$ರು ೇ9ೆ. ಅಲ56ೆ, ಈ >ೕ      ನನ,ೆ
                                             10
    
    
    
         ಇನೂ Jೆoiನ ವರದ      ೆKಾ: ಹಣ, ಬಂ,ಾರ ತರುವಂ ೆ ಒ ಾಯ !ಾ" ನನ ನು ಅ9ಾಚ? ಶಬ;ಗbಂದ
          ಂ$ಸುವ ಮೂಲಕ =ಂTTರು ಾ8ೆ ಅಲ56ೆ ನನ ಅ ೆ-!ಾವಂ$ರು 8ಾಜ ೕಯ9ಾ: ಪ ಬಲ8ಾ:ದು;,
         Jಾಗೂ ಸ!ಾಜ...ತುಕ ವ? ಗಳ ಪ>ಚಯ ದು;, ಇವರು KಾವI6ೇ ಸಂದಭFದ45 ನನ,ೆ Jಾಗೂ ನನ
         ತಂ6ೆ- ಾ7ಗb,ೆ      ೊಂದ8ೆಯನು ಂಟು !ಾಡುವ ಸಂಭವ ಇರುತ6ೆ. ಅ6ೇ >ೕ        ಹಲವರ ಮುಂ6ೆ
         Jೇb)ೊಂ"ರು ಾ8ೆ ಈ ಎfಾ5 ವ?ವJಾರಗಳ- ಬಸ9ೇಶ&ರ ನಗರದ ನªÀÄä ತಂ6ೆ- ಾ7ಗಳ ಮ ೆಯ45
         !ಾತುಕ ೆ,     si ಾಥF ಆ:ರುವIದ>ಂದ ಸದ>          9ಾದವI ತಮ< ಬಸ9ೇಶ&ರ †ಾ ಾ 9ಾ?p,ೆ
         ಒಳಪGHರುತ6ೆ. Jಾಗೂ ಇ$ೕಗ ನನ ಗಂಡನು ಸದ?ದfೆ5ೕ ಅ0ೕ>)ಾ)ೆ2 Jೋಗುವವ ದು;, =ೕ,ಾ:
         ತ[ಣ9ೇ ಆತನ        ರುದ' ಸೂಕ )ಾನೂನು ಕ ಮ ಜರು:ಸ^ೇ)ೆಂತಲೂ Jಾಗೂ eಾ ‡ೕxF
         ವಶಪ"T)ೊಳ.^ೇ)ೆಂದು )ೋರು ೇ ೆ.
    
                  ಆದುದ;>ಂದ ಈ 0ೕಲ2ಂಡ >ೕ        ವರದ    ೆ ಪUೆದು ನನ,ೆ !ಾನTಕ9ಾ:, 6ೈ=ಕ9ಾ:
         =ಂTT,     ೊಂದ8ೆ )ೊGHರುವ ನನ ಗಂಡ    ೇಜ , ಅ ೆKಾದ ಸು    ತ , !ಾವ ಜಗ ಾ # Jಾಗೂ
          ಾ$     %ೆ&ೕತ ರವರುಗಳ   ರುದ' ಸೂಕ )ಾನೂನು ಕ ಮ ೆ,ೆದು)ೊಳ-.ವ ಮೂಲಕ ನ    <ಂದ ಪUೆ$ರುವ
         ರೂ.25 ಲ[ ಹಣ, 15 8ೇ`ೆ< Tೕ8ೆಗಳ-, ಬPೆH, ಬಂ,ಾರದ ಒಡ9ೆಗಳ-, eಾ ೆ Nಾ!ಾನುಗಳ-, ಮ ತ8ೆ
         ವಸುಗಳನು ನಮ,ೆ 9ಾಪಸು• )ೊ"T)ೊಡ^ೇ)ೆಂತಲೂ ತಮ<45        ನಂ T)ೊಳ-. ೇ ೆ. ಅಲ56ೆ ನನ,ೆ
         ಅಗತ? ರ[ ೆ )ೊಡ^ೇ)ೆಂತಲೂ )ೋ>)ೊಳ-. ೇ ೆ.
    
         ವಂದ ೆಗ3ೆˆ ಂ$,ೆ,
    
    
    
                                                                   ಇಂ ತಮ< %ಾ&T,
                                                                          ಸ=/-
                                                                       (gÀd¤.J)"
    
    It is the case of the complainant that after marriage which takes
    
    place on 20-04-2018, the wife moved into the house of her
    
    husband and together lived for 19 days and on 09-05-2018 her
    
    husband on his avocation leaves to America and the complainant is
    
    said to have been residing with the mother-in-law and the father-
                                        11
    
    
    
    law, petitioners 1 and 2. It is here the fulcrum of the allegation
    
    spring.
    
    
    
          10. However, a close reading of the complaint indicates that a
    
    common     place   domestic    discord   and     minor   skirmishes,   not
    
    uncommon in a joint family setting, have been elevated to the
    
    pedestal of criminality.   The allegations are largely general and
    
    omnibus in nature, devoid of specific particulars as to time, date or
    
    overt acts.   Even in respect of dowry demands, the narration
    
    pertains   predominantly      to   pre-marital    discussions   spanning
    
    between December 2017 to February 2018 ostensibly in the context
    
    of marriage expenses. The complaint thus, does not delineate any
    
    concrete demand of dowry attributable to the petitioners, nor does
    
    it articulate conduct, meeting the statutory threshold of cruelty, as
    
    obtaining under Section 498A of the IPC.
    
    
          11. The afore-mentioned complaint becomes a crime in crime
    
    No.333 of 2018 for offences punishable under Sections 498A r/w 34
    
    of the IPC and under the Act. The Police conduct investigation and
                                          12
    
    
    
    file a charge sheet against these petitioners. The summary of the
    
    charge sheet as obtaining in Column No.7 reads as follows:
    
                   "ಈ 6ೋ`ಾ8ೋಪ ಾಪGHಯ )ಾಲಂ ನಂ: 6 ರ45 ನಮೂ$Tರುವ Nಾ -2 ಮತು Nಾ -3
         ರವರು 2017     ೇ ಇಸ ಯ45 ಅವರ ಮಗ3ಾದ Nಾ -1 ರವ>,ೆ ಮದು9ೆ !ಾಡfೆಂದು, ವರನನು
         ಹುಡು )ೊಡುವಂ ೆ Nಾ -5 ರವ>,ೆ   bTದು;, Nಾ -5 ರವರು ಈ    {ಾರವನು )ಾಲಂ ನಂ: 4 ರ45
         ನಮೂ$Tರುವ ಆ8ೋpತರುಗb,ೆ       bTದು;, ಅನಂತರದ $ನಗಳ45 ಎ-2 ಮತು ಎ-3 ಆ8ೋpಗಳ-
         Nಾ -1 ರವರನು ^ೆಂಗಳˆ>ನ .2 ಯುl ¹n ಬbಯ )ಾŒ ¸ÉÌöÊA,ೆ ಕ8ೆT)ೊಂಡು !ಾತ ಾ", Nಾ -
         1 ರವರ u^ೈd ನಂಬA ಅನು ಪUೆದು)ೊಂಡು Jೋ: ಎ-2 ಆ8ೋpಯು Nಾ -1 ರವರ }ೊ ೆ
         ಸು!ಾರು 3      ಂಗಳ-ಗಳ )ಾಲ ~ೕ ನ45 !ಾತ ಾಡು ಾ, Nಾ -1 ರವರ ಮ ೆಯ ಆ•Fಕ
         ಪ>TŽ ಯನು      bದು)ೊಂಡು $ ಾಂಕ: 23-11-2017 ರಂದು ಎ-1 >ಂದ ಎ-4 ಆ8ೋpಗಳ- ಇ6ೇ
         ^ೆಂಗಳˆರು ನಗರ ಬಸ9ೇಶ&ರನಗರ ‡4ೕ       †ಾ ಾ ಸರಹ$;ನ ಬಸ9ೇಶ&ರನಗರ 3 ೇ NೆHೕ@, 4 ೇ
         ^ಾ5w, !ಾUೆd ಎd.ಐ.T )ಾfೋ ಯ ನವ       }ೋ ಾ• ಅeಾxF0ಂx ನ eಾ5x ನಂ: 002 )ೆ2
         ಬಂದು Nಾ -1 ರವರನು ೋ")ೊಂಡು Jೋ: ಆನಂತರ $ ಾಂಕ: 27-11-2017 ರಂದು ಮ ೆ Nಾ -
         1 ರವರ ಮ ೆ,ೆ ಎ-1 >ಂದ ಎ-4 ಆ8ೋpಗಳ- ಅವರ ಸಂಬಂMಕರ }ೊ ೆಯ45 ಬಂದು Nಾ -1 >ಂದ
         Nಾ -5 Jಾಗೂ Nಾ -7, >ಂದ Nಾ -10 ರವರ ಸಮ[ಮ ಮದು9ೆ !ಾತುಕ ೆ !ಾ"ದು;, ಆ8ೋpಗಳ-
         ಮದು9ೆ !ಾತುಕ ೆಯ ಸಮಯದ45 ವರದ        ೆKಾ: 300 ,ಾ ಂ oನ , 3 )ೆ.a ^ೆb., 25 ಲ[ ಹಣ, 10
         )ೆ.a THೕd eಾ ೆ ಗಳನು , 15 8ೇ`ೆ< Tೕ8ೆಗಳನು )ೊಡುವಂ ೆಯೂ Jಾಗೂ ಐ.G.T ,ಾUೇF Kಾದ45
         ಎಂ,ೇ@0ಂx, 0ೖಸೂ>ನ ಲ4ತ ಮಹd eಾ?fೇTನ45 ಮದು9ೆ, ಅ0ೕ>)ಾದ45 ಹುಡುಗ ,ೆ
         ^ಾ",ೆ ಮ ೆ !ಾ")ೊಡ^ೇಕು ಎಂl ಾ?$Kಾ: ಒ ಾಯ !ಾ" )ೇbದು;, Nಾ -2 ಮತು Nಾ -3
         ರವರು ಆ8ೋpಗಳ ಒ ಾಯ$ಂದ $ ಾಂಕ: 07-12-2017 ರಂದು ಸು!ಾರು 9 ಲ[ ರೂಗಳನು ಖಚುF
         !ಾ" ಐ.G.T ,ಾUೇF Kಾ JೋPೆdನ45 ಎಂ,ೇ@0ಂx !ಾ")ೊGHದು;, ಆನಂತರ ಆ8ೋpತರು
         Nಾ -1 >ಂದ Nಾ -3 Jಾಗೂ Nಾ -5 ರವರನು 0ೖಸೂ>,ೆ ಕ8ೆT)ೊಂಡು ಎ-1 ಆ8ೋpಯು ಲ4ತ
         ಮಹd eಾ?fೇ     ಬುw !ಾಡಲು 1 ಲ[ ರೂ ನಗದು ಹಣವನು ಪUೆದು ಲ4ತ ಮಹd eಾ?fೇ         ಅನು
         ಬುw !ಾ"ದು;, ಆನಂತರದ $ನಗಳ45 ಎ-1, ಎ-2 Jಾಗೂ ಎ-3 ಆ8ೋpಗಳ- Nಾ -1, Nಾ -2 ರವ>,ೆ
         0ೕ4ಂದ 0ೕfೆ ಕ8ೆಗಳನು !ಾಡು ಾ 25 ಲ[ ರೂ ವರದ       ೆ,ಾ: ಒ ಾಯ !ಾಡು ದ;>ಂದ Nಾ -2
         ಮತು Nಾ -3 ರವರು Nಾ -1 ರವರ ಒಡ9ೆಗಳನು ಅಡ ಟುH ಅದ>ಂದ ಬಂದ 3 ಲ[ ರೂ ಹಣವನು
         $ ಾಂಕ: 15-12-2017 ರಂದು Nಾ -4 ರವರ vಾ ೆ7ಂದ ಎ-2 ಆ8ೋpತರ vಾ ೆ,ೆ ವ,ಾFವ ೆ
         !ಾ"ದು;, ಆನಂತರ ಎ-1 >ಂದ ಎ-4 ಆ8ೋpಗಳ- ^ಾ         ಉbದ ವರದ       ೆ ಹಣವನು ^ೇಗ ೆ
         )ೊಡುವಂ ೆ, ಇಲ59ಾದ45 ಮದು9ೆ !ಾ")ೊಳ-.ವI$ಲ5 ಎಂಬು6ಾ:   bTದ;>ಂದ Nಾ -2 ರವರು ಅವರ
         Jೆಸ>ನ45    ಪಟೂ>ನ45 ಇದ; Nೈಟುಗಳನು ಅ: 0ಂx >aಸHA !ಾ" 45 ಲ[ ರೂಗಳನು Nಾಲ
         ಪUೆದು ಆ ಹಣದ45 Nಾ -2 ರವರು $ ಾಂಕ: 08-01-2018 ರಂದು 5 ಲ[, $ ಾಂಕ: 16-01-2018
                                           13
    
    
    
          ರಂದು 3 ಲ[, $ ಾಂಕ: 19-01-2018 ರಂದು 3 ಲ[ Jಾಗೂ $ ಾಂಕ: 27-02-2018 ರಂದು 6 ಲ[
          ರೂಗಳನು ಎ-2 ಆ8ೋpತರ vಾ ೆ,ೆ Jಾ ದು;, Nಾ -1 ರವರು ಎ-4 ಆ8ೋpತರ vಾ ೆ,ೆ 50, Nಾ ರ
          ರೂಗಳನು Jಾಗೂ $ ಾಂಕ: 27-03-2018 ರಂದು Nಾ -4 ರವರು ಎ-2 ರವರ vಾ ೆ,ೆ 3 ಲ[
          ರೂಗಳನು Jಾ ದ ಬbಕ $ ಾಂಕ: 19-04-2018 Jಾಗೂ $ ಾಂಕ: 20-04-2018 ರಂದು Nಾ -1
          Jಾಗೂ ಎ-1 ಆ8ೋpತರ ಮದು9ೆAiÀÄÄ 0ೖಸೂ>ನ ಲ4ತ ಮಹd eಾ?fೇTನ45 ಹುಡುಗ Jಾಗೂ ಆತನ
          ಕUೆಯವರು )ೇbದ;ಂ ೆ ಸು!ಾರು 50 ಲ[ ರೂಗಳನು ಖಚುF !ಾ" ಅದೂ;>Kಾ: ಜರು:ದು;,
          ಮದು9ೆಯ ಬbಕ ಆ8ೋpತರು Nಾ -1 ರವರನು 0ೖಸೂರು ನಗರದ          .   ಪIರಂ ‡4ೕ     †ಾ ಾ
          ಸರಹ$;ನ ,ೋಕುಲಂ 3 ೇ Nೇ@, 7 ೇ 0ೖ•ನ45ರುವ ಮ ೆ ನಂ: 140 ರ45 ಇ>T)ೊಂಡು ಎ-1 >ಂದ
          ಎ-4 ರವರುಗಳ- ಇನು Jೆoiನ ವರದ     ೆ ತರುವಂ ೆ, ಇನು Jೆಚುi oನ ದ ಒಡ9ೆ Jಾಗೂ ಆTಯನು
          ತರುವಂ ೆ Nಾ -1 ರವ>,ೆ !ಾನTಕ =ಂNೆ       ೕ" ಆನಂತರ ಎ-1 ಆ8ೋpಯು Nಾ -1 ರವರನು
          ಆ`ಾಡ)ೆ2ಂದು ತವರು ಮ ೆ,ೆ ಕ8ೆದು)ೊಂಡು ಬಂದು lಟುH )ೆಲಸ)ೆ2ಂದು ಅ0ೕ>)ಾ)ೆ2 Jೋ:ದ;,
          ಆ`ಾಡ ಮು:ದ 0ೕಲೂ ಆ8ೋpಗಳ- Nಾ -1 ರವರನು ಕ8ೆದು)ೊಂಡು Jೋಗ6ೇ ಇದ;>ಂದ Nಾ -1
          ರವರು ಇತ8ೆ Nಾ ಗಳ }ೊ ೆ     ಾಲು2 ^ಾ> 0ೖಸೂ>ನ ಗಂಡನ ಮ ೆಯ ಬb Jೋ: ಮ ೆ,ೆ
          Nೇ>T)ೊಳ-.ವಂ ೆ ^ೇ")ೊಂಡರೂ ಆ8ೋpಗಳ- Nಾ -1 ರವರನು ಮ ೆಯ ಒಳ,ೆ lಟುH)ೊಳ.6ೇ
          ಇನು Jೆoiನ ಹಣ ತರ6ೇ Jೋದ8ೆ ಮ ೆ,ೆ Nೇ>T)ೊಳ-.ವI6ೇ ಇಲ59ೆಂದು Jೇb Nಾ -1 ರವರನು
          ಮ ೆ,ೆ Nೇ>T)ೊಳ.6ೇ, Nಾ -1 ರವರ ^ೆfೆ^ಾಳ-ವ ಬPೆHಗಳನು , oನ ದ ಒಡ9ೆಗಳನು ಸಹ   ೕಡ6ೇ
          Nಾ -1 ರವ>,ೆ ರುಕುಳ    ೕ"ರುವIದು Jಾಗೂ ಎ-1 ಆ8ೋpಯು Nಾ -1 ರವ>,ೆ )ೇಸನು 9ಾಪಸು•
           ೆ,ೆದು)ೊಳ-.ವAvÉ, ಇಲ59ಾದ45 )ೊfೆ !ಾಡುವI6ಾ: aೕವ ^ೆದ>)ೆ Jಾ ರುವIದು ತ vಾ )ಾಲದ45
          ಸಂಗ =Tದ Nಾ•ಾ€ಾರಗbಂದ ದೃಢಪGHರುತ6ೆ."
    
    
    
    The charge sheet in substance, mirrors the complaint and is further
    
    predicated upon a subsequent statement recorded nearly 3 years
    
    later on 20-02-2021.         This supplementary statement appears to
    
    embellish the original allegations. Even otherwise, when the two,
    
    the complaint and the summary, read in tandem, fails to satisfy the
    
    essential ingredients of the alleged offences against the petitioners.
    
    Section 498A of the IPC contemplates cruelty of a nature likely to
                                     14
    
    
    
    drive a woman to suicide or cause grave injury or harassment with
    
    a view to coerce unlawful demands for property. The sine qua non
    
    of the offence is not mere marital discord, but cruelty of a grave
    
    character tied to unlawful demands.
    
    
    
            12. If the complaint and summary of charge sheet are read in
    
    juxtaposition, it only speaks of expenditure incurred in the course of
    
    marriage ceremonies. Even if it is taken as correct, cannot in the
    
    absence of cogent material, retroactively transmute into a dowry
    
    demand, so as to implicate every member of the husband's family.
    
    Thus, mother-in-law, father-in-law and sister-in-law are without
    
    any rhyme or reason dragged into the web of proceedings.
    
    
            13. Jurisprudence is replete with the judgments of the Apex
    
    Court on the issue, as to whether investigation or trial must be
    
    permitted in such cases.
    
    
    
            13.1. The Apex Court in the case of RAJESH CHADDHA v.
    
    STATE OF UTTAR PRADESH1, has held as follows:
    
    
    1
        2025 SCC OnLine SC 1094
                                    15
    
    
    
                            ".....    .....   .....
    ANALYSIS
    
           7. Having heard the learned counsel for the respective
    parties and having perused the record, the question remains
    whether the High Court vide Impugned Order dt. 14.11.2018
    whilst exercising its revisionary jurisdiction, was correct in
    upholding    the    conviction   of   the     Appellant  under
    Section 498A IPC & Section 4 D.P. Act, 1961. In that respect, it
    is prudent to examine the statutory provisions, which are as
    under:
    
                  "498A. Husband or relative of husband of a
          woman subjecting her to cruelty.-- Whoever, being the
          husband or the relative of the husband of a woman,
          subjects such woman to cruelty shall be punished with
          imprisonment for a term which may extend to three years
          and shall also be liable to fine. Explanation.-- For the
          purpose of this section, "cruelty" means-- (a) any wilful
          conduct which is of such a nature as is likely to drive the
          woman to commit suicide or to cause grave injury or danger
          to life, limb or health (whether mental or physical) of the
          woman; or (b) harassment of the woman where such
          harassment is with a view to coercing her or any person
          related to her to meet any unlawful demand for any
          property or valuable security or is on account of failure by
          her or any person related to her to meet such demand."
    
                  3. Penalty for giving or taking dowry.-- (1) If
          any person, after the commencement of this Act, gives or
          takes or abets the giving or taking of dowry, he shall be
          punishable with imprisonment for a term which shall not be
          less than five years, and with fine which shall not be less
          than fifteen thousand rupees or the amount of the value of
          such dowry, whichever is more. Provided that the Court
          may, for adequate and special reasons to be recorded in the
          judgment, impose a sentence of imprisonment for a term of
          less than five years. (2) Nothing in subsection (1) shall
          apply to, or in relation to,-- (a) presents which are given at
          the time of a marriage to the bride without any demand
          having been made in that behalf : Page 12 of 26 Provided
          that such presents are entered in a list maintained in
          accordance with the rules made under this Act; (b) presents
          which are given at the time of a marriage to the bridegroom
          without any demand having been made in that behalf :
          Provided that such presents are entered in a list maintained
                                16
    
    
    
         in accordance with the rules made under this Act : Provided
         further that where such presents are made by or on behalf
         of the bride or any person related to the bride, such
         presents are of a customary nature and the value thereof is
         not excessive having regard to the financial status of the
         person by whom, or on whose behalf, such presents are
         given.
    
                 4. Penalty for demanding dowry.-- If any person
         demands, directly or indirectly, from the parents or other
         relatives or guardian of a bride or bridegroom, as the case
         may be, any dowry, he shall be punishable with
         imprisonment for a term which shall not be less than six
         months, but which may extend to two years and with fine
         which may extend to ten thousand rupees : Provided that
         the Court may, for adequate and special reasons to be
         mentioned in the judgment, impose a sentence of
         imprisonment for a term of less than six months."
    
          8. At the outset, an act of 'cruelty' for the purpose
    of Section 498A, corresponds to a willful conduct of such
    nature, that may cause danger to the life, limb and health
    of the woman, which is inclusive of the mental and
    physical health and the harassment caused to her, by
    coercing her to meet unlawful demands or impossible
    standards. Further, the demand for dowry in terms of
    Section 3 and Section 4 of the D.P. Act, 1961 refers to
    both a direct or indirect manner of demand for dowry
    made by the husband or his family members. In order to
    meet     the    threshold   of     the    offences    under
    Section 498A IPC & Sections 3 & 4 of the D.P. Act, 1961,
    the allegations cannot be ambiguous or made in thin air.
    
          9. In the present case, the allegations made by the
    Complainant are vague, omnibus and bereft of any
    material particulars to substantiate this threshold. Apart
    from claiming that Appellant husband harassed her for
    want of dowry, the Complainant has not given any
    specific details or described any particular instance of
    harassment. The allegations in the FIR, and the
    depositions of the prosecution witnesses suggest that on
    multiple occasions, the Complainant wife was ousted
    from the matrimonial house, and kicked and punched in
    the presence of her father, PW-2 herein and she was
                                 17
    
    
    
    repeatedly tormented with dowry demands, and when
    she was unable to honor them, the Appellant and her
    family physically beat her up; whereas she has not
    mentioned the time, date, place, or manner in which the
    alleged harassment occurred. It is alleged that the
    Complainant suffered a miscarriage, as she fell down,
    when the Appellant and her family who pushed her out of
    the house; however, no medical document from any
    medical institution or hospital or nursery was produced to
    substantiate the allegations.
    
           10. Upon carefully considering the record, we find that
    apart from the statements of PW-1 and PW-2, there is no
    evidence to substantiate the allegations of harassment and acts
    of cruelty within the scope of Section 498A of IPC, and
    Section 4 of the D.P. Act, 1961. For this reason, we find merit in
    the submission of the learned Counsel for the Appellant, and are
    of the considered view that there is no material on record to
    establish the allegations of hurt or miscarriage, and of hurt and
    criminal intimidation in terms of Section 323 r/w 34 and
    Section 506 IPC respectively. The Trial Court has rightly held
    that evidence of the Complainant is the only strong evidence
    that she sustained injuries on various parts of her body due to
    the physical assault by the accused persons, and that there was
    no medical examination conducted by the Complainant, so as to
    prove that the miscarriage was a consequence of the physical
    assault.
    
          11. The Trial Court has indeed applied its judicial mind to
    the material on record whilst acquitting the Appellant and the
    co-accused      parents-in-law      for     offences       under
    Section 323 r/w 34 & Section 506 IPC. However, it appears that
    the Trial Court had passed the order of conviction of the
    Appellant under Section 498A IPC & Section 4 of the D.P. Act,
    1961, merely on the possibility that the allegations and the
    depositions of the PW-1 corroborated by PW2, are true and
    correct. Although one cannot deny the emotional or
    mental torture that the Complainant may have undergone
    in the marriage, however a cursory or plausible view
    cannot be conclusive proof to determine the guilt of an
    individual under Section 498A & Section 4 of the D.P. Act,
    1961, especially to obviate malicious criminal prosecution
    of family members in matrimonial disputes. In this respect,
                                 18
    
    
    
    we also cannot ignore that the FIR dt. 20.12.1999 was
    registered after the Appellant had filed the Divorce Petition
    under Section 13 of Hindu Marriage Act, 1955 on 06.02.1999. In
    consideration thereof and that the Complainant had cohabited
    with the Appellant only for a period of about a year, it appears
    that the FIR registered by the Complainant was not genuine.
    
           12. In respect thereof, the High Court while exercising its
    revisionary jurisdiction ought to have examined the correctness
    of decision of the Trial Court in light of the material on record,
    which reveals nothing incriminatory against the Appellant to
    sustain a conviction under Section 498A IPC or Section 4 of
    the D.P. Act, 1961. Although we do not agree with the
    submission on behalf of the Appellant that the Impugned Order
    dt. 14.11.2018 was passed in absentia, however the High Court
    was well within its revisionary powers to discern whether an FIR
    and the proceedings emanating therefrom were sustainable. In
    all certainty, it could have saved 6 years' worth of time for the
    Appellant, who has endured litigation for over 20 years as of
    today.
    
          13. Notwithstanding the merits of the case, we are
    distressed with the manner, the offences under
    Section 498A IPC, and Sections 3 & 4 of the D.P. Act,
    1961 are being maliciously roped in by Complainant
    wives, insofar as aged parents, distant relatives, married
    sisters living separately, are arrayed as accused, in
    matrimonial matters. This growing tendency to append
    every relative of the husband, casts serious doubt on the
    veracity of the allegations made by the Complainant wife
    or her family members, and vitiates the very objective of
    a protective legislation. The observations made by this
    Hon'ble    Court    in    the  case    of Dara    Lakshmi
    Narayana v. State        of      Telangana appropriately
    encapsulates this essence as under:
    
                 "25. A mere reference to the names of family
          members in a criminal case arising out of a
          matrimonial dispute, without specific allegations
          indicating their active involvement should be nipped
          in the bud. It is a well-recognised fact, borne out of
          judicial experience, that there is often a tendency to
          implicate all the members of the husband's family
                                        19
    
    
    
                  when domestic disputes arise out of a matrimonial
                  discord. Such generalised and sweeping accusations
                  unsupported by concrete evidence or particularised
                  allegations cannot form the basis for criminal
                  prosecution. Courts must exercise caution in such
                  cases to prevent misuse of legal provisions and the
                  legal process and avoid unnecessary harassment of
                  innocent family members. In the present case,
                  appellant Nos. 2 to 6, who are the members of the
                  family of appellant No. 1 have been living in different
                  cities and have not resided in the matrimonial house
                  of appellant No. 1 and respondent No. 2 herein.
                  Hence, they cannot be dragged into criminal
                  prosecution and the same would be an abuse of the
                  process of the law in the absence of specific
                  allegations made against each of them."
    
                   14. The term "cruelty" is subject to rather cruel
            misuse by the parties, and cannot be established
            simpliciter without specific instances, to say the least.
            The tendency of roping these sections, without
            mentioning any specific dates, time or incident, weakens
            the case of the prosecutions, and casts serious suspicion
            on the viability of the version of a Complainant. We
            cannot ignore the missing specifics in a criminal
            complaint, which is the premise of invoking criminal
            machinery of the State. Be that as it may, we are informed
            that the marriage of the Appellant has already been dissolved
            and the divorce decree has attained finality, hence any further
            prosecution of the Appellant will only tantamount to an abuse of
            process of law."
    
    
    
            13.2. The Apex Court in GHANSHYAM SONI v. STATE
    
    (GOVERNMENT OF NCT OF DELHI)2 has held as follows:
    
                                     "....    ....    ....
    
                  10. A perusal of the FIR shows that the allegations made
            by the complainant are that in the year 1999, the Appellant
    
    2
        2025 SCC OnLine SC 1301
                                  20
    
    
    
    inflicted mental and physical cruelty upon her for bringing
    insufficient dowry. The Complainant refers to few instances of
    such atrocities, however the allegations are generic, and rather
    ambiguous. The allegations against the family members, who
    have been unfortunately roped in, is that they used to instigate
    the Appellant husband to harass the Complainant wife, and
    taunted the Complainant for not bringing enough dowry;
    however, there is no specific incident of harassment or any
    evidence to that effect. Similarly, the allegations against the five
    out of six sisters that they used to insult the Complainant and
    demanded dowry articles from her, and upon failure beat her
    up, but there is not even a cursory mention of the incident. An
    allegation has also been made against a tailor named Bhagwat
    that he being a friend of the Appellant instigated him against
    the Complainant, and was allegedly instrumental in blowing his
    greed. Such allegations are merely accusatory and contentious
    in nature, and do not elaborate a concrete picture of what may
    have transpired. For this reason alone, and that the evidence on
    record is clearly inconsistent with the accusations, the version of
    the Complainant seems implausible and unreliable. The following
    observation in K. Subba Rao v. State of Telangana Represented
    by Its Secretary, Department of Home, fits perfectly to the
    present scenario:
    
                 "6. The Courts should be careful in proceeding
          against the distant relatives in crimes pertaining to
          matrimonial disputes and dowry deaths. The relatives of
          the husband should not be roped in on the basis of
          omnibus allegations unless specific instances of their
          involvement in the crime are made out."
    
           11. As regards the Appellant, the purportedly specific
    allegations levelled against him are also obscure in nature. Even
    if the allegations and the case of the prosecution is taken at its
    face value, apart from the bald allegations without any specifics
    of time, date or place, there is no incriminating material found
    by the prosecution or rather produced by the complainant to
    substantiate the ingredients of "cruelty" under section 498A IPC,
    as recently observed in the case of JaydedeepsinhPravinsinh
    Chavda v. State of Gujarat3 and Rajesh Chaddha v. State of
    Uttar Pradesh4. The Complainant has admittedly failed to
    produce any medical records or injury reports, x-ray reports, or
    any witnesses to substantiate her allegations. We cannot ignore
                                21
    
    
    
    the fact that the Complainant even withdrew her second
    Complaint dt. 06.12.1999 six days later on 12.12.1999. There is
    also no evidence to substantiate the purported demand for
    dowry allegedly made by the Appellant or his family and the
    investigative agencies in their own prudence have not added
    sections 3 & 4 of the Dowry Prohibition Act, 1961 to the
    chargesheet.
    
          12. In this respect, the Sessions Court has applied
    its judicial mind to the allegations in the FIR & the
    material on record, and has rightly discharged the
    Appellants of the offences under section 498A & 34 IPC.
    Notwithstanding the said observation by the Sessions
    Court that the possibility of false implication cannot be
    ruled out, the discharge of the Appellant merely because
    the Complainant is a police officer is erroneous and
    reflects poorly on the judicial decision making, which
    must be strictly based on application of judicial principles
    to the merits of the case. On the other hand, the High
    Court vide the Impugned Order has traversed one step
    further and overtly emphasised that simply because the
    Complainant is a police officer, it cannot be assumed that
    she could not have been a victim of cruelty at the hands
    of her husband and in-laws. We agree with the sensitive
    approach adopted by the High Court in adjudicating the
    present case, however a judicial decision cannot be
    blurred to the actual facts and circumstances of a case. In
    this debate, it is only reasonable to re-iterate that the
    Sessions Court in exercise of its revisionary jurisdiction
    and the High Court in exercise of its inherent jurisdiction
    under section 482 CrPC, must delve into the material on
    record to assess what the Complainant has alleged and
    whether any offence is made out even if the allegations
    are accepted in toto. In the present case, such scrutiny of
    the allegations in the FIR and the material on record
    reveals that no prima facie is made out against the
    Appellant or his family. It is also borne from the record
    that the divorce decree of their marriage, has already
    been passed, and the same has never been challenged by
    the Complainant wife, and hence has attained finality.
    Upon consideration of the relevant circumstances and
    that the alleged incidents pertain to the year 1999 and
    since then the parties have moved on with their
                                        22
    
    
    
            respective lives, it would be unjust and unfair if the
            Appellants are forced to go through the tribulations of a
            trial.
    
                  13. It is rather unfortunate that the Complainant
            being an officer of the State has initiated criminal
            machinery in such a manner, where the aged parents-in-
            law, five sisters and one tailor have been arrayed as an
            accused. Notwithstanding the possibility of truth behind
            the allegations of cruelty, this growing tendency to
            misuse legal provisions has time and again been
            condemned by this Court. The observations in Dara
            Lakshmi      Narayana v. State     of   Telangana, Preeti
            Gupta v. State of Jharkhand aptly captures this concern."
    
    
            13.3. The Apex Court in the case of MARAM NIRMALA v.
    
    STATE OF TELANGANA3, has held as follows:
    
                                       ".....   .....   .....
    
                   12. The appellant(s) herein are the mother-in-law and
            father- in-law of respondent No. 2. They had filed a petition
            under Section 482 of the CrPC seeking quashing of the
            proceedings instituted against them in C.C. No. 338/2023
            pending on the file of the Judicial First Class Magistrate
            (Prohibition and Excise offence) at Nalgonda alleging offences
            punishable     under     Sections 498-A, 323, 504 read    with
            Section 34 of the IPC and Sections 3 and 4 of the DP Act.
    
                  13. By the impugned order, the said criminal petition has
            been disposed of reserving liberty to the appellant(s) herein to
            seek discharge in accordance with law. Hence, this appeal.
    
                  14. The case at hand pertains to allegations of
            cruelty and dowry demand made by the respondent No. 2
            against the appellant(s) herein. A bare perusal of the FIR
            however, shows that the allegations made by respondent
            No. 2 are vague and omnibus inasmuch as there is an
    
    3
        2025 SCC OnLine SC 2913
                                23
    
    
    
    absence of any specific instance or occasion detailed with
    particulars wherein the appellant(s) demanded dowry
    from respondent No. 2 and on refusal of the same,
    subjected her to mental and physical cruelty. The only
    allegations levelled by respondent No. 2 against the
    appellants herein are that subsequent to the birth of her
    daughter, the conduct of her husband underwent a
    change, which is stated to have been on account of the
    alleged inducement exercised by the in-laws including
    the appellant(s) herein for the purpose of demanding
    additional dowry and that pursuant to the counselling
    conducted at the Women Police Station, Nalgonda,
    although the husband of respondent No. 2 and his family
    assured that she would be treated properly, they
    nevertheless continued to subject respondent No. 2 to
    mental and physical cruelty.
    
           15. We therefore find that the aforesaid allegations
    levelled against the appellant(s), even if taken at their face
    value, do not prima facie disclose the commission of the alleged
    offences so as to warrant the initiation of criminal proceedings.
    
          16. During the course of submissions, learned counsel for
    the appellant(s) brought to our notice the judgment of this
    Court in the case of Dara Lakshmi Narayana v. State of
    Telangana, (2025) 3 SCC 735 ("Dara Lakshmi Narayana") as
    well as other judgments which squarely apply to this case. We
    have perused the same.
    
           17. This Court speaking through one of us (B.V.
    Nagarathna, J.) in Dara Lakshmi Narayana, while dealing with
    the issue of quashing of criminal proceedings instituted by the
    respondent wife therein against her husband and in-laws who
    were charged with offences punishable under Sections 498A of
    the IPC and Sections 3 and 4 of the DP Act, 1961, held as
    follows:
    
                 "27. A mere reference to the names of family
          members in a criminal case arising out of a
          matrimonial dispute, without specific allegations
          indicating their active involvement should be nipped
          in the bud. It is a well-recognised fact, borne out of
          judicial experience, that there is often a tendency to
                            24
    
    
    
    implicate all the members of the husband's family
    when domestic disputes arise out of a matrimonial
    discord. Such generalised and sweeping accusations
    unsupported by concrete evidence or particularised
    allegations cannot form the basis for criminal
    prosecution. Courts must exercise caution in such
    cases to prevent misuse of legal provisions and the
    legal process and avoid unnecessary harassment of
    innocent family members. In the present case,
    Appellants 2 to 6, who are the members of the family of
    Appellant 1 have been living in different cities and have not
    resided in the matrimonial house of Appellant 1 and
    Respondent 2 herein. Hence, they cannot be dragged into
    criminal prosecution and the same would be an abuse of the
    process of the law in the absence of specific allegations
    made against each of them.
    
                                    xxx
    
            30. The inclusion of Section 498-A IPC by way
    of an amendment was intended to curb cruelty
    inflicted on a woman by her husband and his family,
    ensuring swift intervention by the State. However, in
    recent years, as there have been a notable rise in
    matrimonial       disputes   across    the    country,
    accompanied by growing discord and tension within
    the institution of marriage, consequently, there has
    been a growing tendency to misuse provisions like
    Section 498-AIPC as a tool for unleashing personal
    vendetta against the husband and his family by a
    wife. Making vague and generalised allegations
    during matrimonial conflicts, if not scrutinised, will
    lead to the misuse of legal processes and an
    encouragement for use of arm twisting tactics by a
    wife and/or her family. Sometimes, recourse is taken
    to invoke Section 498-A IPC against the husband and
    his family in order to seek compliance with the
    unreasonable demands of a wife. Consequently, this
    Court has, time and again, cautioned against
    prosecuting the husband and his family in the
    absence of a clear prima facie case against them.
    
                                    xxx
    
          31. We are not, for a moment, stating that any
    woman who has suffered cruelty in terms of what has been
    contemplated under Section 498-A IPC should remain silent
                                   25
    
    
    
          and forbear herself from making a complaint or initiating
          any criminal proceeding. That is not the intention of our
          aforesaid observations but we should not encourage a case
          like as in the present one, where as a counterblast to the
          petition for dissolution of marriage sought by the first
          appellant, husband of the second respondent herein, a
          complaint under Section 498-A IPC is lodged by the latter.
          In fact, the insertion of the said provision is meant mainly
          for the protection of a woman who is subjected to cruelty in
          the matrimonial home primarily due to an unlawful demand
          for any property or valuable security in the form of dowry.
          However, sometimes it is misused as in the present case.
    
                                          xxx
    
                  34. We, therefore, are of the opinion that the
          impugned FIR No. 82 of 2022 filed by Respondent 2 was
          initiated with ulterior motives to settle personal scores and
          grudges against Appellant 1 and his family members i.e.
          Appellants 2 to 6 herein. Hence, the present case at hand
          falls within Category (7) of illustrative parameters
          highlighted in Bhajan Lal [State of Haryana v. Bhajan
          Lal, 1992 Supp (1) SCC 335 : 1992 SCC (Cri) 426].
          Therefore, the High Court, in the present case, erred in not
          exercising the powers available to it under Section 482CrPC
          and thereby failed to prevent abuse of the Court's process
          by continuing the criminal prosecution against the
          appellants."
                                                     (underlining by us)
    
    
           18. Having regard to the facts and circumstances of this
    case, we find that the judgment of this Court in Dara Lakshmi
    Narayana would apply. Hence, the impugned order of the High
    Court is set aside. The proceedings instituted against the
    appellant(s) in C.C. No. 338/2023 pending on the file of the
    Judicial First Class Magistrate (Prohibition and Excise offence) at
    Nalgonda stand quashed in relation to the appellants herein."
                                         26
    
    
    
            13.4. Recently in DR. SUSHIL KUMAR PURBEY v. STATE
    
    OF BIHAR4, the Apex Court has held as follows:
    
                                       "....   ....     ....
    
                  7. Having considered the submissions advanced by
            the parties and upon a careful perusal of the material on
            record, we are of the view that the High Court fell into
            error in restricting the quashing of criminal proceedings
            only to the sister-in-law (Respondent 3). A comparative
            reading of the FIR reveals that the allegations levelled
            against the sister-in-law and those against the present
            appellants are, in all material particulars, identical. The
            FIR does not assign any specific or overt act to either
            appellant; there are no particular dates, places, or
            individual acts attributed to them. The lone allegation
            that stands separately against the present appellants is
            that they would quarrel. This, however, does not
            constitute a criminal offence and cannot, by itself, sustain
            cognizance         of      the       offences         under
            Sections 341, 323, 498A & 34 IPC and Sections 3 & 4 of
            the Dowry Act for which the appellants have been
            summoned. The standard applied by the High Court in
            quashing proceedings against the sister-in-law, on the
            ground that the allegations against her were general and
            omnibus, applies with equal force to the present
            appellants, and there is no principled basis for
            distinguishing between them.
    
                   8. It is further pertinent to note that the marriage was
            solemnised in July 2019, and the husband filed the divorce
            petition as early as March 2021. The criminal complaint against
            the appellants was, however, lodged only in March 2022, nearly
            a year after the filing of the divorce petition. Though this delay,
            standing alone, would not constitute a sufficient ground for
            quashing the criminal proceedings against the appellants.
            However, viewed in conjunction with the absence of any specific
            allegations attributable to them, the delay lends credence to the
            submission that the criminal complaint against the in-laws may
    
    4
        2026 SCC OnLine SC 338
                                    27
    
    
    
        have been instituted by way of a counter-blast to the divorce
        proceedings initiated by the husband. When these two
        considerations are read together, we are satisfied that the
        continuation of the criminal proceedings against the present
        appellants cannot be sustained.
    
               9. Before moving forward, we consider it necessary to
        clarify that the observations made hereinabove are confined to
        the question of the maintainability of the criminal proceedings
        against the present appellants, and must not be construed as an
        expression of any opinion on the merits of the case as a whole.
        The criminal proceedings against the husband shall continue in
        accordance with law. We note, in this context, that the husband
        did not seek quashing of the proceedings against him before the
        High Court under Section 482 CrPC; it was only the present
        appellants and the sister-in-law who did so. The husband is also
        not before this Court in the present appeal. We therefore find no
        occasion to comment upon the allegations levelled against him,
        and the proceedings against him shall be governed by law.
    
              10. In view of the foregoing, we are of the
        considered opinion that the High Court erred in applying
        different standards to persons who stand on an identical
        footing insofar as the nature of the allegations against
        them is concerned. Since the allegations against the
        present appellants and the sister-in-law are, in
        substance, the same, the reasoning that led the High
        Court to quash the proceedings against the sister-in-law
        ought equally to have led to the quashing of proceedings
        against the present appellants. The impugned order, to
        the extent that it declined to extend such relief to the
        appellants, cannot be sustained."
    
    
                                 (Emphasis supplied at each instance)
    
    
    The Apex Court in RAJESH CHADDHA v. STATE OF UTTAR
    
    PRADESH - 2025 SCC OnLine SC 1094 observed that Section
    
    498A is a cruel misuse against members of the family
                                   28
    
    
    
    without there being any rhyme or reason or maliciously
    
    roped in by the complainant/wife against aged parents,
    
    distant relatives, married sister living separate who are
    
    being deliberately drawn as accused in matrimonial matters.
    
    The growing tendency to append every relative of the
    
    husband    casts   serious   doubt   on   the   veracity   of   the
    
    allegation.
    
    
    
    The Apex Court in GHANSHYAM SONI supra underscores the
    
    imperative for the Courts to sift through allegations with
    
    care and circumspection, particularly where aged relatives
    
    are implicated on the basis of sweeping and unspecific
    
    accusations.   The Apex Court cautions against permitting
    
    criminal law to be wielded as a weapon, to ensnare entire
    
    families in the vortex of matrimonial discord.
    
    
    
    Similarly, in SUSHIL KUMAR PURBEY supra the Apex court
    
    reiterates that general allegations bereft of specific overt acts
    
    cannot sustain criminal prosecution under Section 498A of the IPC.
    
    Mere existence of quarrels or strained relations does not
                                      29
    
    
    
    ipso facto constitute cruelty within the meaning of the
    
    provision.
    
    
    
          14. Viewed through the prism of the afore-quoted judgments
    
    of the Apex Court, the case at hand projects a classic illustration of
    
    trivial discords amplified into criminal prosecution.      To permit the
    
    proceedings to continue against these petitioners, the mother-in-
    
    law, the father-in-law and the sister-in-law would become an abuse
    
    of the process of the law and subject them to the ordeal of
    
    protracted trial without foundational basis, resulting in miscarriage
    
    of justice.
    
    
    
          15. For the aforesaid reasons, the following:
    
    
                                   ORDER
    

    (i) Criminal Petition is allowed.

    (ii) Entire proceedings in C.C.No.23089 of 2021 pending

    SPONSORED

    before the XXIV Additional Chief Metropolitan
    30

    Magistrate, Bengaluru stands quashed insofar as

    petitioners 1 to 3/accused 2 to 4 are concerned.

    Consequently, I.A.No.1 of 2024 also stand disposed.

    Sd/-

    (M.NAGAPRASANNA)
    JUDGE
    Bkp
    CT:MJ



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