Criminal Petition No. 5070 of 2023 · The High Court
Case Details
- 1 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 2ND DAY OF JUNE, 2025 BEFORE THE HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CRIMINAL PETITION NO. 5070 OF 2023 (482(Cr.PC) / 528(BNSS) R BETWEEN: MR. MALI SUBBIAH SON OF LATE MAHALINGAM SIDHAMBARAM AGED ABOUT 60 YEARS RESIDING AT NO. 133, ADARSH PALM RETREAT DEVARABISANAHALLI, NEAR INTEL, BELLANDUR BANGALORE- 560 103. (BY SRI. PRABHULING NAVADAGI, SENIOR ADVOCATE FOR SRI. SANGAMESH.R.B, AND SRI. CHANDRA CHOODA.R.N, ADVOCATES) AND: …PETITIONER 1. 2. Digitally signed by CHANDANA B M Location: High Court of Karnataka STATE OF KARNATAKA BY MARATHALLI P.S BANGALORE CITY 560 037 REP. BY SPP, HIGH COURT BUILDING, BANGALORE - 560001 SMT. GEETA SUBBIAH W/O MALI SUBBIAH AGED ABOUT 50 YEARS RESIDING AT NO. 133, ADARSH PALM RETREAT DEVARABISANAHALLI, NEAR INTEL, BELLANDUR BANGALORE - 560 103. …RESPONDENTS (BY SRI. P.P.HEGDE, SENIOR ADVOCATE FOR SRI. SHARATH.S. KULKARNI, ADVOCATE FOR R-2 SRI. THEJESH.P, HCGP FOR R-1) THIS CRL.P FILED U/S 482 CR.PC PRAYING TO QUASH THE IN CHARGE SHEET AND THE ENTIRE PROCEEDING AND - 2 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR C.C.NO.50676/2023 ARISING OUT OF CR.NO.258/2022 AGAINST THE PETITIONER WHO IS THE ACCUSED FOR THE OFFENCES P/U/S 498A OF IPC, PENDING ON THE FILE OF XXIX ACMM (29TH ADLL. CHIEF METROPOLITAN MAGISTRATE COURT, MAYOHALL UNIT) BANGALORE CITY PRODUCED AS ANNEXURE A AND D. THIS PETITION IS BEING HEARD AND RESERVED ON 21.02.2025 COMING ON FOR PRONOUNCEMENT OF ORDERS THIS DAY, THE COURT MADE THE FOLLOWING:- CORAM: HON'BLE MR JUSTICE S.R.KRISHNA KUMAR CAV ORDER In this petition, petitioner – husband seeks quashing of the impugned proceedings in C.C.No.50676/2023 arising out of Crime No.258/2022 registered by the 1st respondent – Police for offences punishable under Section 498-A IPC on the file of the XXIX ACMM, Mayo Hall, Bangalore, initiated by the 2nd respondent – wife against the petitioner. 2. The brief facts giving rise to the present petition are as under:- The petitioner – accused and 2nd respondent – complainant got married in USA on 19.10.1999 and they have two children from out of their wedlock. In the year 2002, all of them relocated to Bangalore and are residing here. On 16.09.2022, the petitioner instituted divorce proceedings in M.C.No.5728/2022 against the 2nd - 3 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR respondent for a decree for divorce and other reliefs and the said proceedings which are contested by the 2nd respondent, who filed her statement of objections on 05.11.2022 are pending adjudication before the Family Court. Subsequently, the 2nd respondent filed the impugned complaint on 08.11.2022 which was registered as an FIR in Crime No.258/2022 against the petitioner- accused No.1 and one Shilpa K.P. – accused No.2 for the alleged offences punishable under Section 498-A, 406, 506, 120-B r/w 34 IPC interalia alleging that the petitioner along with accused No.2 with whom he was having an extra marital affair had not only treated the complainant with cruelty but also cheated and stolen gold and silver jewelry, silver utensils etc., worth about Rs.1,50,00,000/- from the 2nd respondent. In pursuance of the same, the 1st respondent seized the aforesaid movables and conducted investigation and filed a charge sheet dated 03.02.2023 arraigning only the petitioner as the sole accused in C.C.No.50676/2023 by deleting / dropping not only accused No.2 from the array of accused but also restricting the proceedings only to an offence under Section 498-A IPC and deleting / dropping the remaining aforesaid offences. - 4 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 2.1 The petitioner filed a claim application under Sections 451 and 457 Cr.P.C. seeking release of the aforesaid movables which was not only opposed by the 2nd respondent who also sought for release of the said movables in her favour. By common order dated 27.03.2023, the Sessions Court allowed the claim application of the petitioner and rejected the claim application of the 2nd respondent, thereby directing release of the movables in favour of the petitioner. Aggrieved by the impugned proceedings, petitioner is before this Court by way of the present petition. 3. Heard learned Senior counsel for the petitioner and learned Senior counsel for the 2nd respondent as well as learned HCGP for the 1st respondent – State and perused the material on record. 4. A perusal of the impugned complaint will indicate that insofar as the allegations relating to alleged commission of offence under Section 498-A is concerned, except general vague, bald and omnibus allegations, specific details and material particulars in this regard are conspicuously absent in the impugned complaint; in fact, the allegations made in the entire complaint revolve completely upon the alleged extra marital affair of the petitioner - 5 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR with one Shilpa K.P. and that both of them had stolen the movables of the 2nd respondent and had intimidated her with common intention and were guilty of offences punishable under Sections 406, 506, 120-B r/w 34 IPC; in this context, it is relevant to state that after investigation, charge sheet has been filed only against the petitioner – sole accused by deleting / dropping accused No.2 –
Legal Reasoning
warranting interference by this Court in the present petition. 7. The undisputed material on record will also indicate that the claim petition filed by the petitioner for release of movables was allowed by the trial court vide order dated 27.03.2023, while the claim petition filed by the 2nd respondent was rejected by the trial court in the very same order which has attained finality and - 8 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR become conclusive and binding upon the parties and consequently, the impugned proceedings deserve to be quashed on this score also. 8. In Achin Gupta vs. State of Haryana – (2025) 3 SCC 756, the Apex Court held as under:- “17. The plain reading of the FIR and the charge- sheet papers indicate that the allegations levelled by the first informant are quite vague, general and sweeping, 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 it fit to drop the proceedings against the other members of the appellant's family. Thus, we are of the view that the FIR lodged by Respondent 2 was nothing but a counterblast to the divorce petition and also the domestic violence case. 18. It is also pertinent to note that Respondent 2 lodged the FIR on 9-4-2021 i.e. nearly 2 years after the filing of the divorce petition by the appellant and 6 months after the filing of the domestic violence case by her mother-in-law. Thus, the first informant remained silent for nearly 2 years after the divorce petition was filed. With such an unexplained delay in filing the FIR, we find that the same was filed only to harass the appellant and his family members. - 9 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 24. 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 abuse of the process of the court. The court owes a duty to subject the allegations levelled in the complaint to a 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. 25. In Preeti Gupta v. State of Jharkhand [Preeti Gupta v. State of Jharkhand, (2010) 7 SCC 667 : (2010) 3 SCC (Cri) 473] , this Court observed the following : (SCC pp. 676-77, paras 30-38) litigation “30. It is a matter of common knowledge that unfortunately matrimonial rapidly increasing in our country. All the courts in our country flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society. this Court are including is 31. The courts are receiving a large number of cases emanating from Section 498-A of the Penal Code, 1860 which reads as under: ‘498-A. 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. - 10 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR Explanation.—For section, “cruelty” means: the purposes of this (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.’ 32. It is a matter of common experience that most of these complaints under Section 498-AIPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment is also a matter of serious concern. filed either on their advice or with 33. The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fibre of family life is not ruined or demolished. They must ensure that exaggerated versions of small incidents should not be reflected in the criminal complaints. Majority of the complaints their are concurrence. The learned members of the Bar who belong to a noble profession must maintain its noble traditions and should treat every complaint under Section 498-A as a basic human problem and must make serious endeavour to help the parties in arriving at an amicable resolution of that human problem. They must discharge their duties to the best of their abilities to ensure that social fibre, peace and tranquillity of the society remains intact. The members of the Bar should also ensure that one complaint should not lead to multiple cases. - 11 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 34. Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualised by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations. 35. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a herculean task in majority of these complaints. The tendency of implicating the husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. 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 of husband's close relations 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 complaint are required to be scrutinised with great care and circumspection. that reveals 36. Experience long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful. 37. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislature. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of cases. The criminal trials lead to immense sufferings - 12 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR for all concerned. Even ultimate acquittal in the trial may also not be able to wipe out the deep scars of suffering of ignominy. Unfortunately a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It is into high consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law. legislature must take time that the 38. We direct the Registry to send a copy of this judgment to the Law Commission and to the Union Law Secretary, Government of India who may place it before the Hon'ble Minister for Law and Justice to take appropriate steps in the larger interest of the society.” (emphasis supplied) 26. In the aforesaid context, we may refer to and rely upon the decision of this Court in Arnesh Kumar v. State of Bihar [Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 : (2014) 3 SCC (Cri) 449] . In the said case, the petitioner, apprehending arrest in a case under Section 498-AIPC and Section 4 of the Dowry Prohibition Act, 1961, prayed for anticipatory bail before this Court, having failed to obtain the same from the High Court [Arnesh Kumar v. State of Bihar, 2013 SCC OnLine Pat 770] . In that context, the observations made by this Court in paras 4, 5 and 6, respectively, are worth taking note of. They are reproduced below : (Arnesh Kumar case [Arnesh Kumar v. State of Bihar, (2014) 8 SCC 273 : (2014) 3 SCC (Cri) 449] , SCC pp. 276-77) - 13 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR “4. There is phenomenal increase in matrimonial disputes in recent years. The institution of marriage is greatly revered in this country. Section 498-AIPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-AIPC is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In quite a number of cases, bedridden grandfathers and grandfathers of the husbands, their sisters living abroad for decades are arrested. “Crime India 2012 Statistics” published by the National Crime Records Bureau, Ministry of Home Affairs shows arrest of 1,97,762 persons all over India during the year 2012 for the offence under Section 498-AIPC, 9.4% more than the year 2011. Nearly a quarter of those arrested under this provision in 2012 were women i.e. 47,951 which depicts that mothers and sisters of the husbands were liberally included in their arrest net. Its share is 6% out of the crimes committed under Penal Code, 1860. It accounts for 4.5% of total crimes committed under different sections of the Penal Code, more than any other crimes excepting theft and hurt. The rate of charge-sheeting in cases under Section 498-AIPC is as high as 93.6%, while the conviction rate is only 15%, which is lowest across all heads. As many as 3,72,706 cases are pending trial of which on current estimate, nearly 3,17,000 are likely to result in acquittal. total persons arrested under the in 5. Arrest brings humiliation, curtails freedom and casts scars forever. Lawmakers know it so also the police. There is a battle between the lawmakers and the police and it seems that police has not learnt its lesson : the lesson implicit and embodied in CrPC. It has not come out of its colonial image despite six decades of Independence, it is largely considered as a tool of harassment, oppression and surely not considered a friend of public. The need for caution in exercising the drastic power of arrest has been emphasised time and again by the court but has not yielded desired result. - 14 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR Power to arrest greatly contributes to its arrogance so also the failure of the Magistracy to check it. Not only this, the power of arrest is one of the lucrative sources of police corruption. The attitude to arrest first and then proceed with the rest is despicable. It has become a handy tool to the police officers who lack sensitivity or act with oblique motive. 6. Law Commissions, Police Commissions and this Court in a large number of judgments emphasised the need to maintain a balance between individual liberty and societal order while exercising the power of arrest. Police officers make arrest as they believe that they possess the power to do so. As the arrest curtails freedom, brings humiliation and casts scars forever, we feel differently. We believe that no arrest should be made only because the offence is non-bailable and cognizable and therefore, lawful for the police officers to do so. The existence of the power to arrest is one thing, the justification for the exercise of it is quite another. Apart from the power to arrest, the police officers must be able to justify the reasons thereof. No arrest can be made in a routine manner on a mere allegation of commission of an offence made against a person. It would be prudent and wise for a police officer that no is made without a reasonable satisfaction arrest reached after some investigation as to the genuineness of the legislature did not find any improvement. Numbers of arrest have not decreased. Ultimately, Parliament had to intervene and on the recommendation of the 177th Report of the Law Commission submitted in the year 2001, Section 41 of the Code of Criminal Procedure (for short “CrPC”), in the present form came to be enacted. It is interesting to note that such a recommendation was made by the Law Commission in its 152nd and 154th Report submitted as back in the year 1994.” the allegation. Despite legal position, this (emphasis supplied) 31. If the submission canvassed by the counsel appearing for Respondent 2 and the State is to be accepted mechanically then in our opinion the very - 15 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR conferment of the inherent power by CrPC upon the High Court would be rendered otiose. We are saying so for the simple reason that if the wife on account of matrimonial disputes decides to harass her husband and his family members then the first thing, she would ensure is to see that proper allegations are levelled in the first information report. Many times the services of professionals are availed for the same and once the complaint is drafted by a legal mind, it would be very difficult thereafter to weed out any loopholes or other deficiencies in the same. However, that does not mean that the Court should shut its eyes and raise its hands in helplessness, saying that whether true or false, there are allegations in the first information report and the charge-sheet papers disclose the commission of a cognizable offence. If the allegations alone as levelled, more particularly in the case like the one on hand, are to be looked into or considered then why the investigating agency thought it fit to file a closure report against the other co-accused? There is no answer to this at the end of the learned counsel appearing for the State. We say so, because allegations have been levelled not only against the appellant herein but even against his parents, brother and sister. If that be so, then why the police did not deem it fit to file charge-sheet against the other co-accused? It appears that even the investigating agency was convinced that the FIR was nothing but an outburst arising from a matrimonial dispute. 32. Many times, the parents including the close relatives of the wife make a mountain out of a molehill. - 16 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR Instead of salvaging the situation and making all possible endeavours 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 complete destruction of marriage on trivial issues. The first thing that comes in the mind of the wife, her parents and her relatives is the police, as if the police is the panacea of all evil. No sooner the matter reaches up to the police, then even if there are fair chances of reconciliation between the spouses, they would get destroyed. The foundation of a sound marriage is tolerance, adjustment and respecting one another. Tolerance to each other's fault to a certain bearable extent has to be inherent in every marriage. Petty quibbles, 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 the 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 hypersensitive approach would prove to be disastrous for the very institution of the marriage. In matrimonial disputes the main sufferers are the children. The spouses fight with such venom in their heart that they do not think even for a second that if the marriage would come to an end, then what will 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 - 17 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 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 police machinery cannot be utilised for the purpose of holding the husband at ransom so that he could be squeezed by the wife at the instigation of her parents or relatives or friends. In all cases, where wife complains of harassment or ill-treatment, Section 498-AIPC cannot be applied mechanically. No FIR is complete without Sections 506(2) and 323IPC. Every matrimonial conduct, which may cause annoyance to the other, may not amount to cruelty. Mere trivial irritations, quarrels between spouses, which happen in day-to-day married life, may also not amount to cruelty. 33. Lord Denning, in Kaslefsky v. Kaslefsky observed as under : (P p. 46) When the conduct consists of direct action by one against the other, it can then properly be said to be aimed at the other, even though there is no desire to injure the other or to inflict misery on him. Thus, it may consist of a display of temperament, emotion, or perversion whereby the one gives vent to his or her own feelings, not intending - 18 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR to injure the other, but making the other the object—the butt—at whose expense the emotion is relieved. When there is no intent to injure, they are not to be regarded as cruelty unless they are plainly and distinctly proved to cause injury to health. “When the conduct does not consist of direct the other, but only of misconduct action against indirectly affecting him or her, such as drunkenness, gambling, or crime, then it can only properly be said to be aimed at the other when it is done, not only for the gratification of the selfish desires of the one who does it, but also in some part with an intention to injure the other or to inflict misery on him or her. Such an intention may readily be inferred from the fact that it is the natural consequence of his conduct, especially when the one spouse knows, or it has already been brought to his notice, what the consequences will be, and indifferent nevertheless he does whether it distresses the other spouse or not. The Court is, however not bound to draw the inference. The the natural presumption consequences of his acts is one that may — not must — be drawn. If in all the circumstances it is not the correct inference, then it should not be drawn. In cases of this kind, if there is no desire to injure or inflict misery on the other, the conduct only becomes cruelty when the justifiable remonstrances of the innocent party provoke resentment on the part of the other, which evinces itself in actions or words actually or physically directed at the innocent party.” it, careless and that a person intends 34. What constitutes cruelty in matrimonial matters has been well explained in American Jurisprudence, 2nd Edn., Vol. 24, p. 206. It reads thus: “The question whether the misconduct complained of constitute cruelty and the like for divorce purposes is determined primarily by its effect upon the particular person complaining of the acts. The question - 19 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR is not whether the conduct would be cruel to a reasonable person or a person of average or normal sensibilities, but whether it would have that effect upon the aggrieved spouse. That which may be cruel to one person may be laughed off by another, and what may not be cruel individual under one set of circumstances may be extreme cruelty under another set of circumstances.” to an (emphasis supplied) 35. In one of the recent pronouncements of this Court in Mahmood Ali v. State of U.P. [Mahmood Ali v. State of U.P., (2023) 15 SCC 488] , authored by one of us (J.B. Pardiwala, J.), the legal principle applicable apropos Section 482CrPC was examined. Therein, it was observed that when an accused comes before the High Court, invoking either the inherent power under Section 482CrPC or the extraordinary jurisdiction under Article 226 of the Constitution, to get the FIR or the criminal proceedings quashed, essentially on the ground that such proceedings are manifestly frivolous or vexatious or instituted with the ulterior motive of wreaking vengeance, then in such circumstances, the High Court owes a duty to look into the FIR with care and a little more closely. It was further observed that it will not be enough for the Court to look into the averments made in the FIR/complaint alone for the purpose of ascertaining whether the necessary ingredients to constitute the alleged offence are disclosed or not as, in frivolous or vexatious proceedings, the court owes a duty to look into many other attending circumstances emerging from the record of the case over - 20 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR and above the averments and, if need be, with due care and circumspection, to try and read between the lines. 36. For the foregoing reasons, we have reached to the conclusion that if the criminal proceedings are allowed to continue against the appellant, the same will be nothing short of abuse of process of law and travesty of justice. This is a fit case wherein, the High Court should have exercised its inherent power under Section 482CrPC for the purpose of quashing the criminal proceedings. 9. In Preeti Gupta vs. State of Jarkhand – (2010) 7 SCC 667, the Apex Court held as under:- “28. We have very carefully considered the averments of the complaint and the statements of all the witnesses recorded at the time of the filing of the complaint. There are no specific allegations against the appellants in the complaint and none of the witnesses have alleged any role of both the appellants. 29. Admittedly, Appellant 1 is a permanent resident of Navasari, Surat, Gujarat and has been living with her husband for more than seven years. Similarly, Appellant 2 is a permanent resident of Goregaon, Maharashtra. They have never visited the place where the alleged incident had taken place. They had never lived with Respondent 2 and her husband. Their implication in the complaint is meant to harass and humiliate the husband's relatives. This seems to be the only basis to file this complaint against the - 21 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR appellants. Permitting the complainant to pursue this complaint would be an abuse of the process of law. 30. It is a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in our country including this Court are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society. 31. The courts are receiving a large number of cases emanating from Section 498-A of the Penal Code which reads as under: “498-A. 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 section, ‘cruelty’ means— the purposes of this (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.” 32. It is a matter of common experience that most of these complaints under Section 498-A IPC are filed in the heat of the moment over trivial issues without proper - 22 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR deliberations. We come across a large number of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment is also a matter of serious concern. 33. The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fibre of family life is not ruined or demolished. They must ensure that exaggerated versions of small incidents should not be reflected in the criminal complaints. Majority of the complaints are filed either on their advice or with their concurrence. The learned members of the Bar who belong to a noble profession must maintain its noble traditions and should treat every complaint under Section 498-A as a basic human problem and must make serious endeavour to help the parties in arriving at an amicable resolution of that human problem. They must discharge their duties to the best of their abilities to ensure that social fibre, peace and tranquillity of the society remains intact. The members of the Bar should also ensure that one complaint should not lead to multiple cases. 34. Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualised by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations. 35. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find - 23 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR out the truth is a Herculean task in majority of these complaints. The tendency of implicating the husband and all his immediate relations is also not uncommon. At times, even after the conclusion of the criminal trial, it is difficult to ascertain the real truth. 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 of husband's close relations 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 scrutinised with great care and circumspection. 36. Experience reveals that long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of an amicable settlement altogether. The process of suffering is extremely long and painful. 37. Before parting with this case, we would like to observe that a serious relook of the entire provision is warranted by the legislature. It is also a matter of common knowledge that exaggerated versions of the incident are reflected in a large number of complaints. The tendency of over implication is also reflected in a very large number of - 24 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR cases. The criminal trials lead to immense sufferings for all concerned. Even ultimate acquittal in the trial may also not be able to wipe out the deep scars of suffering of ignominy. Unfortunately a large number of these complaints have not only flooded the courts but also have led to enormous social unrest affecting peace, harmony and happiness of the society. It is high time that the legislature must take into consideration the pragmatic realities and make suitable changes in the existing law. It is imperative for the legislature to take into consideration the informed public opinion and the pragmatic realities in consideration and make necessary changes in the relevant provisions of law.” 10. In the case of Digamber vs. State of Maharastra – 2024 INSC 1019, the Apex Court held as under:- “30. In the present case also, as discussed above, the facts when taken at face value, do not reveal any specific instance of cruelty committed by the appellants herein. In our view, only stating that cruelty has been committed by the appellants herein due to some reason, would not amount to the offence under Section 498- A of IPC being attracted. The next allegation regarding a specific incident relating to the miscarriage being caused by the appellants herein has also been discussed above. A bare perusal of the allegation and the analysis of the same when compared with the statement of the Doctor reveals that even if the allegations are accepted at the face value, it would not prima facie make out a case against the present appellants. - 25 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 31. Furthermore, the complaint was lodged after the notice of Divorce was given by the complainant, wherein, there was not even a whisper of the allegation of the cruelty or the miscarriage caused by the appellants. The alleged incident took place in 2016, whereas the complaint was filed after the notice of Divorce was given by the complainant, i.e. in 2018. The latest alleged incident in the FIR is of the year 2016, wherein the most serious allegations under Sections 312 and 313 of the IPC is raised. The explanation for the delay in filing of the complaint given by the complainant is that she did not want to spoil the marital relations. However, she has herself stated that she began residing separately and had moved out of the matrimonial house. Further, she had sent the notice of Divorce on 15th May 2018. This would certainly mean that she believed that the marriage had broken down without there being any hope of reconciliation. It is difficult to believe that despite the complainant taking such drastic steps, she did not file the present FIR for another six months after the notice of Divorce was sent. Moreover, the notice of Divorce was completely silent about the allegations raised in the FIR which was subsequently filed. The notice of Divorce on the other hand contained allegations relating to the demand of money and jewellery from the complainant by the son of the appellants. It also contained vague allegations of physical assault inflicted by the son of the appellants. No allegation of cruelty or the miscarriage allegedly caused by the appellants was raised. - 26 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 32. These facts lead us to conclude that the proceedings were initiated with an ulterior motive of pressurizing the son of the appellant herein to consent to the divorce according to the terms of the complainant and the proceedings were used as a weapon by the complainant in the personal discord between the couple. 33. It would again, be apposite to refer to the case of Dara Lakshmi Narayana (supra) wherein this Court has discussed the objective of Section 498-A of IPC and has also raised its concerns over the misuse of this Section in matrimonial disputes. This Court observed thus: “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 for use of arm twisting tactics by a wife and/or her family. Sometimes, recourse 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. taken to is 29. We are not, for a moment, stating that any woman who has suffered cruelty in terms of what has Section 498A of been contemplated under - 27 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 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.” 34. We therefore hold that the continuance of the criminal proceedings against the appellants would result in an abuse of process of law. 35. In the present case, the High Court has held that the allegations made by the complainant cannot be presumed to be false and whether they are believable or not will be examined by the Trial Court. We hold that this was an erroneous approach taken by the High Court as according to the principles laid down in the case of Bhajanlal (supra), the allegations levelled in the complaint should at the very least be given a prima facie consideration. 36. In the result, we find that, this was a fit case wherein the High Court should have exercised its inherent powers under Section 482 of the Cr. P.C. to quash the criminal proceedings. 37. We are therefore inclined to allow the present appeal. - 28 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR
Arguments
Smt.Shilpa K.P. as well as the alleged offences under Sections 406, 506, 120-B r/w 34 IPC and the impugned proceedings are restricted to alleged offences only against petitioner – sole accused and limited / restricted only to Section 498-A IPC. It follows therefrom that in the light of the majority / major portion of the allegations contained in the complaint being in relation to and revolving around Sections 406, 506, 120-B r/w 34 IPC in connection with accused No.2 – Smt.K.P.Shilpa, which have been dropped from the charge sheet and are no longer pending adjudication before the trial court. In other words, having regard to the material on record which indicates that the impugned proceedings are restricted and limited only to an offence punishable under Sections 498-A IPC and only against the petitioner herein coupled with general vague, bald and omnibus - 6 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR allegations, specific details and material particulars in this regard are conspicuously absent in the impugned complaint, I am of the view that the impugned proceedings deserve to be quashed. 5. The undisputed material on record also establishes that prior to the 2nd respondent filing the impugned complaint on 08.11.2022, the petitioner – husband had already instituted divorce proceedings against 2nd respondent – wife on 16.09.2022, in which, she had entered appearance on 05.11.2022 and filed her statement of objections and is contesting the proceedings. It is therefore clear that in the light of the prior / earlier matrimonial dispute between the petitioner – husband and 2nd respondent – wife who are hotly prosecuting and contesting the said proceedings, the impugned complaint is clearly a counter blast by the 2nd respondent to the matrimonial proceedings initiated earlier by the petitioner and consequently, on this ground also, the impugned proceedings deserve to be quashed. 6. A perusal of the charge sheet and material collected by the 1st respondent will indicate that the spot mahazar, seizure mahazar etc., are only in relation to the movables seized by the 1st respondent – police authorities, in relation to the alleged offences - 7 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR under Sections 406, 506, 120-B r/w 34 IPC and not in relation to Section 498-A IPC; further, except the sole and self-serving statement of the 2nd respondent – complainant, who is cited as witness No.1 in the charge sheet, the remaining five witnesses comprise of 4 panch witnesses and one police officer, all of whom have given statements only in relation to the offences punishable under Sections 406, 506, 120-B r/w 34 IPC and not in relation to an offence punishable under Section 498-A IPC. Under these circumstances, in the absence of any material whatsoever which disclose the commission of the alleged offence under Section 498- A IPC by the petitioner in the complaint, FIR, charge sheet, statements, documents etc., I am of the view that the impugned proceedings against the petitioner for an alleged offence under Section 498-A are nothing but an abuse of process of law
Decision
38. We accordingly pass the following order: (i) The appeal is allowed; (ii) The impugned judgment and order dated 23rd January 2020 passed by the High Court of Judicature at Bombay at Aurangabad in Criminal Application No. 859 of 2019 is quashed and set aside; and (iii) The criminal proceedings against the appellants in FIR No. 339 of 2018 and Final Report No. 10 of 2021 on the file of Chief Judicial Magistrate, Latur and all subsequent proceedings arising therefrom are quashed and set aside. 39. Pending application(s), if any, shall stand disposed of.” 11. Recently, in the case of Rajesh Chaddha vs. State of Uttar Pradesh – 2025 INSC 671, the Apex court held as under:- “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 - 29 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 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 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, - 30 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 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, we also cannot ignore - 31 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 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 - 32 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 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 –(2025) 3 SCC 735 appropriately encapsulates this essence as under: or without dispute, unsupported fact, borne out of accusations evidence “25. A mere reference to the names of family members in a criminal case arising out of a specific matrimonial allegations indicating their active involvement should be nipped in the bud. It is a well- recognised judicial experience, that there is often a tendency to implicate all the members of the husband's family when domestic disputes arise out of a matrimonial discord. Such generalised and by sweeping concrete particularised allegations cannot form the basis for criminal prosecution. Courts must exercise caution in such cases 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.” to prevent misuse of 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 - 33 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 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. 15. We accordingly allow the Appeals and the Order dt.14.11.2018 passed by the High Court of Allahabad in Criminal Revision No. 612/2004 convicting the Appellant under Section 498A of IPC & Section 4 of D.P. Act, 1961, is set aside and the Appellant is acquitted of all the charges. 16. Pending application(s), if any, stands disposed of.” 12. A co-ordinate Bench of this Court in the case of Aiyappa M.B. vs. State of Karnataka – 2023 SCC OnLine KAR 30, held as under:- “15. Insofar as accused 2 and 3/mother-in-law and father-in-law are concerned, the complaint or the summary of the charge sheet on the face of it, does not make out an iota of ingredient of Section 498A of the IPC. Section 498A of the IPC reads as follows: - 34 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR “498-A. 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 purposes of this section, “cruelty” means- (a) any willful 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.” 16. Section 498A of the IPC has two parts in it which define cruelty. Cruelty would mean any willful conduct which is of the nature as is likely to drive a woman to commit suicide or cause grave injury or danger to the life of the woman. The other part is harassment, where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand. The section itself punishes the husband or the relative who subjects a woman to such cruelty. 17. A perusal at the complaint would indicate no ingredient of any cruelty by the in-laws i.e., father-in-law and the mother-in-law and it is an admitted fact that the parents never stayed with the couple. In the teeth of such facts, if further proceedings are permitted to continue - 35 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR against the parents, it would become an abuse of the process of law and run foul of the judgment of the Apex Court in the case of KAHKASHAN KAUSAR v. STATE OF BIHAR – 2022 SCC Online SC 162, wherein it is held as follows: “Issue Involved the Appellants in our considered opinion, “10. Having perused the relevant facts and and contentions made by Respondents, the foremost issue which requires determination in the instant case is whether allegations made against the in-laws Appellants are in the nature of general omnibus allegations and therefore liable to be quashed? that to mention 11. Before we delve into greater detail on the nature and content of allegations made, it becomes incorporation of pertinent section 498A of IPC was aimed at preventing cruelty committed upon a woman by her husband and her in-laws, by facilitating rapid state intervention. However, it is equally true, that in recent times, in the country has also matrimonial litigation increased significantly and there is a greater disaffection and friction surrounding the institution of marriage, now, more than ever. This has resulted in an increased tendency to employ provisions such as 498A IPC as instruments to settle personal scores against the husband and his relatives. 12. This Court in its judgment Sharma v. State of U.P.4, has observed:— in Rajesh “14. Section 498-A was inserted in the statute with the laudable object of punishing cruelty at the hands of husband or his relatives against a wife particularly when such cruelty had potential to result in suicide or murder of a woman as mentioned in the statement of Objects and Reasons of the Act 46 of 1983. The expression “cruelty” in Section 498A - 36 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR covers conduct which may drive the woman to commit suicide or cause grave injury (mental or physical) or danger to life or harassment with a view to coerce her to meet unlawful demand. It is a matter of serious concern that large number of cases continue to be filed under already referred to some of the statistics from the Crime Records Bureau. This Court had earlier noticed the fact that most of such complaints are filed in the heat of the moment over trivial issues. Many of such complaints are not bona fide. At the time of filing of the complaint, implications and consequences are not visualized. At times such complaints lead to uncalled for harassment not only to the accused but also to the the complainant. Uncalled chances of settlement.” for arrest may ruin 13. Previously, in the landmark judgment of this court in Arnesh Kumar v. State of Bihar5, it was also observed:— increase “4. There is a phenomenal in matrimonial disputes in recent years. The institution of marriage is greatly revered in this country. Section 498-A IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The that Section 498-A IPC is a cognizable and non-bailable offence has lent it a dubious place of pride amongst the provisions that are used as weapons rather than shield by disgruntled wives. The simplest way to harass is to get the husband and his relatives arrested under this provision. In a quite number of cases, bed-ridden grandfathers and grand-mothers of the husbands, their sisters living abroad for decades are arrested.” fact 14. Further in Preeti Gupta v. State of Jharkhand6, it has also been observed:— of “32. It is a matter of common experience that most under section 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of such complaints complaints these - 37 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment are also a matter of serious concern. filed either on their advice or with 33. The learned members of the Bar have enormous social responsibility and obligation to ensure that the social fiber of family life is not ruined or demolished. They must ensure that exaggerated versions of small incidents should not be reflected in the criminal complaints. Majority of the complaints are their concurrence. The learned members of the Bar who belong to a noble profession must maintain its noble traditions and should treat every complaint under section 498A as a basic human problem and must make serious endeavour to help the parties in arriving at an amicable resolution of that human problem. They must discharge their duties to the best of their abilities to ensure that social fiber, peace and tranquility of the society remains intact. The members of the Bar should also ensure that one complaint should not lead to multiple cases. 34. Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualized by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations. 35. The ultimate object of justice is to find out the truth and punish the guilty and protect the innocent. To find out the truth is a herculean task in majority of these complaints. The tendency of implicating husband and all his immediate relations is also not uncommon. At times, even after the conclusion of criminal trial, it is difficult to ascertain the real truth. 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 of husband's close relations who had been living in different cities and - 38 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. that reveals 36. Experience long and protracted criminal trials lead to rancour, acrimony and bitterness in the relationship amongst the parties. It is also a matter of common knowledge that in cases filed by the complainant if the husband or the husband's relations had to remain in jail even for a few days, it would ruin the chances of amicable settlement altogether. The process of suffering is extremely long and painful.” 15. In Geeta Mehrotra v. State of UP7, it was observed:— “21. It would be relevant at this stage to take note of an apt observation of this Court recorded in the matter of G.V. Rao v. L.H.V. Prasad reported in (2000) 3 SCC 693 wherein also in a matrimonial dispute, this Court had held that the High Court should have quashed the complaint arising out of a matrimonial dispute wherein all family members had been roped into the matrimonial litigation which was quashed and set aside. Their Lordships observed therein with which we entirely agree that: “12…..there has been an outburst of matrimonial dispute in recent times. Marriage is a sacred ceremony, 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 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 reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate the disputes amicably by - 39 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 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.” The view taken by the judges in this matter was that the courts would not encourage such disputes.” 16. Recently, in K. Subba Rao v. The State of Telangana8, it was also observed that:— “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.” the increased the misuse 17. The above-mentioned decisions clearly demonstrate that this court has at numerous instances expressed of over concern section 498A IPC and tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them. 18. Coming to the facts of this case, upon a perusal of the contents of the FIR dated 01.04.19, it is revealed that general allegations are levelled against the Appellants. The complainant alleged that ‘all accused harassed her mentally and threatened her of terminating her pregnancy’. Furthermore, no specific and distinct allegations have been made against either of the Appellants herein, i.e., none of the Appellants have been attributed any specific role in furtherance of the general allegations made against them. This simply - 40 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR leads to a situation wherein one fails to ascertain the role played by each accused in furtherance of the offence. The allegations are therefore general and omnibus and can at best be said to have been made out on account of small skirmishes. Insofar as husband is concerned, since he has not appealed against the order of the High court, we have not examined the veracity of allegations made against him. However, as far as the Appellants are concerned, the allegations made against them being general and omnibus, do not warrant prosecution. 19. Furthermore, regarding similar allegations of harassment and demand for car as dowry made in a previous FIR. Respondent No. 1 i.e., the State of Bihar, contends that the present FIR pertained to offences committed in the year 2019, after assurance was given by the husband Md. Ikram before the Ld. Principal Judge Purnea, to not harass the Respondent wife herein for dowry, and treat her properly. However, despite the assurances, all accused continued their demands and harassment. It is thereby contended that the acts constitute a fresh cause of action and therefore the FIR in question herein dated 01.04.19, is distinct and independent, and cannot be termed as a repetition of an earlier FIR dated 11.12.17. 20. Here it must be borne in mind that although the two FIRs may constitute two independent instances, based on separate transactions, the present complaint fails to establish specific allegations against the in-laws of the Respondent wife. Allowing prosecution in the absence of clear allegations against in-laws Appellants would simply result in an abuse of the process of law. the 21. Therefore, upon consideration of the relevant circumstances and in the absence of any specific role attributed to the accused appellants, it would be unjust if the Appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the complainant's husband - 41 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR are forced to undergo trial. It has been highlighted by this court in varied instances, that a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged. 22. Therefore, upon consideration of the relevant circumstances and in the absence of any specific role attributed to the accused appellants, it would be unjust if the Appellants are forced to go through the tribulations of a trial, i.e., general and omnibus allegations cannot manifest in a situation where the relatives of the complainant's husband are forced to undergo trial. It has been highlighted by this court in varied instances, that a criminal trial leading to an eventual acquittal also inflicts severe scars upon the accused, and such an exercise must therefore be discouraged.” (Emphasis supplied) 18. In the light of the judgment of the Apex Court as afore-extracted, the proceedings against in-laws are required to be obliterated. 19. Insofar as the husband/1st petitioner is concerned, the complaint narrates several grievances and those grievances are trivial in nature. It is the averment that the complainant knew about the attitude of the husband. Even then, she gets married due to the force of elders of the family thinking that the husband would become alright and stayed only for 28 days in the matrimonial house. In those 28 days, neither the complaint nor the summary charge sheet narrates any factum/incident that would become an ingredient of Section 498A of the IPC. The only allegation is that, he is a follower of Brahmakumari; always was watching videos of one sister Shivani, a - 42 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR Brahmakumari; gets inspired by watching those videos, always told that love is never getting physical, it should be soul to soul. On this score, he never intended to have physical relationship with his wife. This would undoubtedly amount to cruelty due to non-consummation of marriage under Section 12(1)(a) of the Hindu Marriage Act and not cruelty as is defined under Section 498A of the IPC. It is on the basis of such cruelty a decree of divorce is granted to the complainant and on the same basis, criminal proceedings cannot be permitted to be continued. Finding no ingredient even against the husband, the proceedings if permitted to continue would degenerate into harassment, become an abuse of the process of law and ultimately result in miscarriage of justice. 20. In matrimonial cases, the Apex Court has time and again directed that unless the offences are found albeit prima facie, such proceedings should not be permitted to continue. The Apex Court in the case of SHAFIYA KHAN v. STATE OF UTTAR PRADESH – (2022) 4 SCC 549, has held as follows: “18. Although it is true that it was not open for the Court to embark upon any enquiry as to the reliability or genuineness of the allegations made in the FIR, but at least there has to be some factual supporting material for what has been alleged in the FIR which is completely missing in the present case and documentary evidence on record clearly supports that her Nikah Nama was duly registered and issued by competent authority and even the charge-sheet filed against her does not prima facie disclose how the marriage certificate was forged. - 43 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR 19. In the given circumstances and going through the complaint on the basis of which FIR was registered and other material placed on record, we are of the considered view that no offence of any kind as has been alleged in the FIR, has been made out against the appellant and if we allow the criminal proceedings to continue, it will be nothing but a clear abuse of the process of law and will be a mental trauma to the appellant which has been completely overlooked by the High Court while dismissing the petition filed at her instance under Section 482 CrPC.” (Emphasis supplied) 21. In the light of the judgments rendered by the Apex Court in the cases of KAHKASHAN KAUSAR and SHAFIYA KHAN (supra), I deem it appropriate to exercise the inherent jurisdiction under Section 482 of the Cr. P.C. and obliterate entire proceedings against all the accused. 22. For the aforesaid reasons, I pass the following: ORDER a. The Criminal petition is allowed. b. The proceedings in C.C. No. 15166 of 2020 pending on the file of the XXX Additional Chief Metropolitan Magistrate, Bengaluru, arising out of Crime No. 15 of 2020 of Jayaprakash Nagar Police Station, Bengaluru, stand quashed.” 13. In view of the aforesaid facts and circumstances and the principles laid down in the aforesaid judgments, I am of the - 44 - NC: 2025:KHC:18582 CRL.P No. 5070 of 2023 HC-KAR considered opinion that continuation of the impugned proceedings would amount to an abuse of process of law, warranting interference by this Court in the present petition. 14. In the result, I pass the following: ORDER (i) Petition is hereby allowed. (ii) The impugned proceedings in C.C.No.50676/2023 arising out of Crime No.258/2022 registered by the 1st respondent – Police for offences punishable under Section 498-A IPC on the file of the XXIX ACMM, Mayo Hall, Bangalore, insofar as the petitioner is concerned are hereby quashed. Sd/- (S.R.KRISHNA KUMAR) JUDGE Srl.