PRIYANKA MISHRA & Ors. v. THE STATE OF MADHYA PRADESH & Anr.

Code of Criminal Procedure, 1973 – s.482 – Quashing of FIR – Complaint filed by Respondent no.2-wife against appellants (sister-in-law, mother-in-law and father-in-law) and her husband for offences punishable u/s.498-A and s.34, IPC and s.4, Dowry Prohibition Act – Petition filed by appellants u/s.482 for quashing, dismissed – On appeal, held: FIR in question as far as appellants are concerned, is an abuse of the process of the Court – Respondent No.2 resided for less than three weeks in the matrimonial home from the date the marriage was solemnised – She then lived with her husband at Hyderabad for some time and, finally moved to London and then Sweden – Subsequently, upon returning to India, she filed the criminal case in question – While living with her husband in Sweden, respondent no. 2 had filed a divorce petition, hence, there was no occasion per se for her after coming from Sweden to visit the matrimonial home, much less reside there – Moreover, the husband of Respondent No.2 having emailed a complaint to the Superintendent of Police, 3 days prior to the wife lodging her complaint, with regard to threat received from Respondent No.2 to implicate him and his family members, is clearly indicative that the charges, against the appellants were an afterthought – Impugned judgment set aside – FIR quashed qua the appellants – Penal Code, 1860 – ss.498-A, 34 – Dowry Prohibition Act – s.4. Kahkashan Kausar alias Sonam v State of Bihar (2022) 6 SCC 599 – relied on.