Nafr High Court
Case Details
1 2025:CGHC:37560-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2164 of 2025 1 - Narayan Prasad Kariyare S/o Purushottam Lal Kariyare, Aged About 37 Years (Husband) 2 - Purushottam Lal Kariyare, S/o Ramlal Kariyare, Aged About 64 Years (Father In Law) 3 - Geeta Devi, W/o- Purushottam Lal Kariyare Aged About 60 Years (Mother In Law) 4 - Sukhdev Prasad Kariyare, S/o- Purushottam Lal Kariyare, Aged About 31 Years (Brother In Law) 5 - Smt. Savitri Daryana, W/o- Umendra, Aged About 33 Years Current Address- Village Sukli, Police Station- Janjgir, Dist- Janjgir-Champa, C.G. (Nanand) Petitioner No. 1 to 4 are residing in Village- Pakaria, P.O-Barpali, P.S- Urga, Dist- Korba (C.G.) ... Petitioner(s) versus 1 - The State Of Chhattisgarh Through Station House OfÏcer Of Mahila Thana- District- Bilaspur (C.G.) 2 - Smt Asha Suryavanshi, W/o Narayan Prasad Kariyare, Aged About 35 Years R/o- Ward No.-3, Mahamaya Para Ratanpur, Dist- Bilaspur (C.G.) ... Respondent(s) For Petitioner(s) For Respondent No. 1 For Respondent No. 2 : Mr. Shubham Dev Mallick, Advocate. : Mr. Soumya Rai, Panel Lawyer : Mr. Aman Tamboli, Advocate. Hon’ble Mr. Ramesh Sinha, Chief Justice Hon’ble Mr. Bibhu Datta Guru, Judge Judgment on Board Per Ramesh Sinha, Chief Justice 31/07/2025
Legal Reasoning
the matter and after prima facie finding offence being made out against the petitioners, FIR was registered and the charge sheet has also been filed and now it is for the trial Court concerned to proceed with the matter as charges have already been framed. 6 Mr. Aman Tamboli, learned Advocate appears and submits that he has filed Vakalatnama on behalf of the respondent No. 2/complainant-wife and submits that this petition deserves to be dismissed and no interference is warranted with the order passed by the learned trial Court framing charges against the petitioners. 7 We have heard learned counsel appearing for the parties, perused the pleadings and documents appended thereto. 8 From perusal of the documents appended with the petition, it transpires that pursuant to the order passed by this Court on 11.07.2025, the parties appeared for mediation before the High Court Mediation Centre, but the mediation proceedings appears to have failed. 9 In the matter of Geeta Mehrotra and another v. State of Uttar Pradesh and another1, the Supreme Court has held that casual reference to the family member of the husband in FIR as co-accused particularly when there is no specific allegation and complaint did not disclose their active involvement. It was held that cognizance of matter against them for offence under Sections 498-A, 323, 504 and 506 of the IPC would not be justified as cognizance would result in abuse of judicial process. 1 (2012) 10 SCC 741 10 In the matter of K. Subba Rao and others v. State of Telangana 5 represented by its Secretary, Department of Home and others2 the Supreme Court delineated the duty of the criminal Courts while proceeding against relatives of victim's husband and held that the Court should be careful in proceeding against distant relatives in crime pertaining to matrimonial disputes and dowry deaths and further held that relatives of husband should not be roped in on the basis of omnibus allegations, unless specific instances of their involvement in offences are made out. 11 In the matter of Rashmi Chopra v. State of Uttar Pradesh and Another3, it has been held by the Supreme Court relying upon the principle of law laid down in State of Haryana and others v. Bhajan Lal and others4 that criminal proceedings can be allowed to proceed only when a prima facie offence is disclosed and further held that judicial process is a solemn proceeding which cannot be allowed to be converted into an instrument of oppression or harassment and the High Court should not hesitate in exercising the jurisdiction to quash the proceedings if the proceedings deserve to be quashed in line of parameters laid down by the Supreme Court in Bhajan Lal (supra) and further held that in absence of specific allegation regarding anyone of the accused except common and general allegations against everyone, no offence under Section 498A IPC is made out and quashed the charges for offence under Section 498A of the IPC being covered by category seven as enumerated in Bhajan Lal (supra) by holding as under: “24. Coming back to the allegations in the complaint pertaining to Section 498A and Section 3/4 of D.P. Act. A perusal of the complaint indicates that the allegations 2 3 4 (2018) 14 SCC 452 2019 SCC OnLine SC 620 1992 Supp (1) SCC 335 6 against the appellants for offence under Section 498A and Section 3/4 of D.P. Act are general and sweeping. No specific incident dates or details of any incident has been mentioned in the complaint. The complaint having been filed after proceeding for divorce was initiated by Nayan Chopra in State of Michigan, where Vanshika participated and divorce was ultimately granted. A few months after filing of the divorce petition, the complaint has been filed in the Court of C.J.M., Gautam Budh Nagar with the allegations as noticed above. The sequence of the events and facts and circumstances of the case leads us to conclude that the complaint under Section 498A and Section 3/4 of D.P. Act have been filed as counter blast to divorce petition proceeding in State of Michigan by Nayan Chopra. 25. There being no specific allegation regarding any one of the applicants except common general allegation against everyone i.e. “they started harassing the daughter of the applicant demanding additional dowry of one crore” and the fact that all relatives of the husband, namely, father, mother, brother, mother’s sister and husband of mother’s sister have been roped in clearly indicate that application under Section 156(3) Cr.P.C. was filed with a view to harass the applicants.....” 12 The Apex Court, in Payal Sharma v. State of Punjab & Another {Cr.A. No. 4773/2024, decided on 26.11.2024} had, relying on the decision in Geeta Mehrotra (supra), Kahkashan Kausar @ Sonam & Others v. State of Bihar & Others {(2022) 6 SCC 599}, Bhajan Lal (supra), and Umesh Kumar v. State of Andhra Pradesh & Another {(2013) 10 SCC 591}, had quashed the FIR and the consequential proceedings emanating therefrom. 13 Very recently, the Apex Court, in Dara Lakshmi Narayan & Others v. State of Telangana & Another {Cr.A. No. 5199 of 2024, decided on 10.12.2024}, has observed 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 7 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, 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. 26. In fact, in the instant case, the first appellant and his wife i.e. the second respondent herein resided at Jollarpeta, Tamil Nadu where he was working in Southern Railways. They were married in the year 2015 and soon thereafter in the years 2016 and 2017, the second respondent gave birth to two children. Therefore, it cannot be believed that there was any harassment for dowry during the said period or that there was any matrimonial discord. Further, the second respondent in response to the missing complaint filed by the first appellant herein on 05.10.2021 addressed a letter dated 11.11.2021 to the Deputy Superintendent of Police, Thirupathur Sub Division requesting for closure of the said complaint as she had stated that she had left the matrimonial home on her own accord owing to a quarrel with the appellant No.1 because of one Govindan with whom the second respondent was in contact over telephone for a period of ten days. She had also admitted that she would not repeat such acts in future. In the above conspectus of facts, we find that the allegations of the second respondent against the appellants herein are too far-fetched and are not believable. 27. xxx xxx xxx 28. The inclusion of Section 498A of the 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 498A of the IPC 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 scrutinized, will lead to the misuse of legal processes and an encouragement 8 for use of arm twisting tactics by a wife and/or her family. Sometimes, recourse is taken to invoke Section 498A of the 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. 29. We are not, for a moment, stating that any woman who has suffered cruelty in terms of what has been contemplated under Section 498A of the IPC should remain silent 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 498A of the 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. 30. In the above context, this Court in G.V. Rao vs. L.H.V. Prasad, (2000) 3 SCC 693 observed as follows: “12. There has been an outburst of matrimonial disputes in recent times. Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. There are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their “young” days in chasing their “cases” in different courts.” 31. Further, this Court in Preeti Gupta vs. State of Jharkhand (2010) 7 SCC 667 held 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. The allegations of harassment by the 9 husband’s close relatives who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complainant are required to be scrutinized with great care and circumspection. 32. We, therefore, are of the opinion that the impugned FIR No.82 of 2022 filed by respondent No.2 was initiated with ulterior motives to settle personal scores and grudges against appellant No.1 and his family members i.e., appellant Nos.2 to 6 herein. Hence, the present case at hand falls within category (7) of illustrative parameters highlighted in Bhajan Lal. Therefore, the High Court, in the present case, erred in not exercising the powers available to it under Section 482 CrPC and thereby failed to prevent abuse of the Court’s process by continuing the criminal prosecution against the appellants.” Observing the aforesaid, the Apex Court quashed the FIR, the charge sheet and the consequential criminal proceedings pending before the learned trial Court. 14 In the complaint so made, the complainant/respondent No. 2 has only made omnibus and general allegations against the petitioners No. 2 to 5 without there being full particulars about date and place that all the petitioners including the petitioner No. 1-husband treated her with cruelty for not giving sufÏcient dowry. There is no specific allegation regarding anyone of the petitioners except common and general allegations that they demanded dowry and harassed her. However, there appears to be allegation against the petitioner No. 1-Husband and as such, prima facie, a case is made out against the petitioner No. 1-husband only. 15 Considering the submissions of the learned counsel for the parties, material available on record, perusing the FIR in which no specific allegations have been made and only bald and omnibus allegations have been made against the petitioners, we are of the considered opinion that prima-facie no offence under Section 489A, 294, 323, 506 Part 2 and 34 of the IPC against the petitioners No. 2 to 5 is made out. 16 As a fallout and consequence of the above-stated legal analysis, the FIR 10 dated 05.04.2021 bearing Crime No. 0023/2021, registered at Police Station, Mahila Thana, District Bilaspur, the charge sheet dated 09.06.2021 bearing No. 20/2021, the order dated 29.07.2021 taking cognizance passed by the learned Judicial Magistrate First Class, Bilaspur, in Criminal Case No. 2368/2021 as well as the order dated 21.04.2022 by which charges have been framed against the petitioners for the offences under Sections 498A, 294, 323, 506 Part 2 and 34 of the IPC, and the consequential criminal proceedings, so far it relates to the petitioners No. 2 to 5, namely Purushottam Lal Kariyare, Geeta Devi, Sukhdev Prasad Kariyare and Smt. Savitri Daryana, are quashed. However, the criminal proceedings against the petitioner No. 1-Narayan Prasad Kariyare, shall go on in accordance with law, without being influenced by any of the observations made herein above. 17 As a result, this petition stands partly allowed. Sd/- Sd/- (Bibhu Datta Guru) JUDGE (Ramesh Sinha) CHIEF JUSTICE Anu / Amit AMIT KUMAR DUBEY Digitally signed by AMIT KUMAR DUBEY Date: 2025.08.01 13:12:09 +0530
Arguments
1 Heard Mr. Shubham Dev Mallick, learned counsel for the petitioners, Mr. Soumya Rai, learned Panel Lawyer for the State/respondent No. 1. 2 2 By this petition under Section 528 of the Bhartiya Nagrik Suraksha Sanhita, 2023 (for short, the BNSS), the petitioners have prayed for the following relief(s): “1. That this Hon'ble court may kindly be pleased to set aside/quash FIR dated 05/04/2021 in crime no. 0023/2021 u/s 498A, 294, 323, 506 (Part 2), 34 of IPC Code, registered in PS- Mahila thana. Dist-Bilaspur C.G. and also quashed the charge sheet (ANNEXURE P/1) against the petitioners, in the interest of justice. 2. That the Hon'ble Court may kindly be pleased to set aside the Order dated 29/07/2021 whereby the Id. Judicial Magistrate First Class Bilaspur has taken the cognizance (ANNEXURE P/I) whereby the Ld. Judicial Magistrate First class bilaspur has taken the cognizance of the case for the offences u/498A, 294, 323, 506 (Part 2), 34 of IPC Code, registered in PS- Mahila thana. Dist- Bilaspur C.G. 3. That the Hon'ble court may kindly be pleased to set aside the (ANNEXURE P/2) order dated 21/04/2022, whereby the Ld. JMFC Bilaspur has framed the charges against the petitioners for the offences u/s 498A, 294, 323, 506 (Part 2), 34 of the IPC against the petitioners. 4. That the Hon'ble Court may kindly be pleased to set aside the further proceedings pending against the petitioner in criminal case No. 2368/2021 pending before the Ld. JMFC Bilaspur (ANNEXURE P/3).” 5. That any other relief Hon'ble Court deems feet may also be granted.” 3 The facts, as projected by the petitioners, is that the respondent No.2 complainant is the wife of the petitioner No. 1, daughter-in-law of respondents No. 2 and 3 and sister-in-law of petitioner No. 4 and 5. The marriage between the petitioner No. 1 and the respondent No. 2 was solemnised on 23.06.2017. A child (boy) was born from their wedlock. The complainant/respondent No. 2 lodged a written complaint in the month of April, 2021 alleging that all the family members of in-laws used to physically and mentally abuse her, harassed her by beating and threatening to kill and also demanded dowry. Upon the said complaint, an FIR was registered by the Police and after investigation, the police 3 submitted its charge sheet and thereafter, the learned trial Court has taken cognizance of the matter vide order dated 29.07.2021 and has also framed charges against the petitioners for the offences punishable under Sections 498-A, 294, 323, 506 Part 2 and 34 of the Indian Penal Code. Hence, this petition for the reliefs as prayed above. 4 Mr. Shubham Dey Mallick, learned counsel for the petitioners submits that the complaint lodged by the respondent No. 2 is completely false and concocted one. Even though the petitioner No. 4 and 5 who do not reside with the petitioners, have been roped in this false case. The petitioner No. 4 and 5 are working and living in different cities since 2010 but only being the family members have been falsely roped in this case. Only omnibus allegations have been made by the respondent/complainant against the petitioners. There is a considerable delay of more than 3 years and 9 months in lodging FIR and it is noteworthy to mention here that the complainant is from political background, she was the President of Ratanpur Municipality at the time of marriage and after marriage she was mostly living in her maternal home in Ratanpur and the petitioner No. 1 was residing in village Thathari, District Sakti where the complainant used to go and stay for a few days and then she used to return back to Ratanpur. The petitioner No. 1/ husband also made a complaint before concerned Police station and before Superintendent of police in this regard. In the same way, the respondent No. 2/complainant used to go to her in-laws village Pakaria, District Korba and stay there for a few days and return. The respondent No. 2, in between 2017 to 2020, mostly resided in Ratanpur, therefore there is no possibility of dowry harassment or assault. It is further submitted that even if the entire FIR is taken at its face value, no offence is made out against the petitioners and as such, he 4 prays that the entire criminal proceedings against the petitioners may be quashed. 5 On the other hand, Mr. Soumya Rai, learned Panel Lawyer appearing for the State/respondents No. 1 submits that that the police has investigated