The Patna High Court has quashed an order taking cognizance of the offences punishable under the IPC & the Dowry Prohibition Act after noting that the in-laws had been living separately and only general and omnibus allegations were made against them by a woman.

The Petition before the High Court was filed by a woman’s married sister-n-law and the brother-in-law seeking quashing of the order whereby the jurisdictional Magistrate had taken cognizance for the offences punishable under Sections 323, 498-A and 506 read with 34 of the Indian Penal Code (IPC) and Sections 3 and 4 of the Dowry Prohibition Act.

The Single Bench of Justice Chandra Shekhar Jha said, “In view of aforesaid factual and legal submissions, as the petitioners are in-laws, living separately and facing general and omnibus allegation qua alleged cruelty as said to be committed upon O.P. No.2, therefore, by taking guiding note of Abhishek case (supra), the cognizance order dated 22.03.2023 as passed by learned S.D.J.M., Mohania,Kaimur in connection with Durgawati P.S. Case No.113 of 2022 with all its consequential proceedings qua both abovenamed petitioners is hereby quashed/set aside.”

Advocate Sanjay Kumar Giri represented the Petitioners, while APP Gulnar Begum represented the Respondents.

Factual Background

The marriage of the informant was solemnized in 2015 with an I.I.T. Engineer holding a Ph.D. It was alleged that he demanded more dowry, and the informant had given Rs 20 lakh in cash. There was allegedly a demand of Rs 15 lakh and one car. It was the informant’s case that she was beaten by her brother-in-law and also abused by her husband.

Arguments

Referring to the judgment of the Supreme Court in Abhishek v. State of Madhya Pradesh (2023), the petitioners submitted that they were implicated only because of their relations with the husband of the woman.

Reasoning

The Bench relied upon the judgment in Abhishek (Supra), where it has been 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. It was also held therein that allowing the prosecution in the absence of clear allegations against the in-laws would result in an abuse of the process of law.

On a perusal of the contents of the FIR, the Bench noted that general and omnibus allegations were made. Thus, allowing the Petition, the Bench quashed the impugned order and the consequential proceedings.

Cause Title: A v. The State of Bihar (Criminal Miscellaneous No.7185 of 2024)

Appearance

Petitioner: Advocates Sanjay Kumar Giri, Mritunjay Harsh

Respondent: APP Gulnar Begum, Advocate Umesh Kumar

Click here to read/download Order


Patna High CourtJustice Chandra Shekhar Jha

Tulip Kanth

Assistant Editor

Tulip Kanth is an Assistant Editor at Verdictum having over 5 years of experience in the field of legal journalism and editing. She extensively covers judgments of the Supreme Court, High Courts as well as Tribunals. She has previously worked with a legal publishing website where she oversaw the work of other editors and has also created updates on notifications of different Government Ministries. She holds an English Honours Degree from SGTB Khalsa College, Delhi University and has completed her LLB course with specialisation in Corporate Law from Amity University.