The petitioners filed a petition to quash criminal proceedings against them under Sections 498A, 325, 377, 406, 420, 34 of the Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act. The petitioners argued that there were no specific allegations against the second petitioner (the mother-in-law) under Sections 325 and 377. The court found merit in this argument and held that the mother-in-law was implicated based only on vague allegations in the matrimonial dispute. Referring to previous judgments, the court warned against proceeding against distant relatives without prima facie evidence. Therefore, the court set aside the impugned order and quashed the criminal proceedings against the second petitioner
The petitioners filed a petition to quash criminal proceedings against them under Sections 498A, 325, 377, 406, 420, 34 of the Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act. The petitioners argued that there were no specific allegations against the second petitioner (the mother-in-law) under Sections 325 and 377. The court found merit in this argument and held that the mother-in-law was implicated based only on vague allegations in the matrimonial dispute. Referring to previous judgments, the court warned against proceeding against distant relatives without prima facie evidence. Therefore, the court set aside the impugned order and quashed the criminal proceedings against the second petitioner
The petitioners filed a petition to quash criminal proceedings against them under Sections 498A, 325, 377, 406, 420, 34 of the Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act. The petitioners argued that there were no specific allegations against the second petitioner (the mother-in-law) under Sections 325 and 377. The court found merit in this argument and held that the mother-in-law was implicated based only on vague allegations in the matrimonial dispute. Referring to previous judgments, the court warned against proceeding against distant relatives without prima facie evidence. Therefore, the court set aside the impugned order and quashed the criminal proceedings against the second petitioner
------ 1. Vibhor Sharan Gupta @ Vibhor Sharan 2. Madhu Gupta .... .... …. Petitioners Versus 1. The State of Jharkhand 2. Ragini Gupta .... .... .... Opp. Parties
CORAM: HON'BLE MR. JUSTICE GAUTAM KUMAR CHOUDHARY
For the Petitioners: Mr. Saurabh Shekhar, Advocate
Mr. Aman Dayal Singh, Advocate For the State : Mr. S.K. Tiwari, A.P.P. For the O.P. No.2 : Ms. Rishi Bharti, Advocate Mr. Abhijeet Kumar, Advocate ------ Order No.04 Dated : 06.02.2023 Instant petition has been filed for quashing of entire criminal proceeding including order taking cognizance dated 20.07.2022 registered under Sections 498A, 325, 377, 406, 420, 34 of the Indian Penal Code and Sections 3 & 4 of Dowry Prohibition Act in connection with Complaint Case No.257 of 2022 pending in the Court of learned Judicial Magistrate, 1st Class- XXI, Ranchi. The petitioner No.1 is husband (A 1) and petitioner No.2 is mother law (A 2). 2. It is submitted by learned counsel on behalf of petitioners that general and omnibus allegation has been levelled against both these petitioners and there is no allegation against petitioner No.2 with respect to offence under Sections 325 and 377 of the I.P.C under which cognizance has been taken against her. It is further submitted that infirmity in the order will be apparent from the fact that more than one month complainant stayed in her matrimonial home with petitioner No.2 and only on bad assertion made in para 5 of the complaint petition, she has been roped in this case, who is Government teacher in a school. Petitioner No.1 is working in Transport Department, Government of Jharkhand. Further, on solemn affirmation in para 10, the complainant stated that she had not sustained any injury which required treatment, therefore, no medical paper has been enclosed. 3. It is submitted by learned counsel on behalf of opposite party No.2 that there are materials against petitioner No.2 as well in the complaint petition as well as in the statement and other enquiry witnesses. 4. I find much force in the argument on behalf of petitioner regarding false implication of petitioner No.2 in the case. The learned Court below appears to have ordered the issuance of such process against both the accused persons without applying judicial mind. As far as petitioner no.2 is concerned, on vague and general allegation, she has been proceeded against. It has been held in Kahkashan Kausar v. State of Bihar, (2022) 6 SCC 599 16. Recently, in K. Subba Rao v. State of Telangana [K. Subba Rao v. State of Telangana, (2018) 14 SCC 452 : (2019) 1 SCC (Cri) 605], it was also observed that : (SCC p. 454, para 6) “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.” 17. The abovementioned decisions clearly demonstrate that this Court has at numerous instances expressed concern over the misuse of Section 498A I.P.C. and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analyzing 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.
Pepsi Foods Ltd. v. Special Judicial Magistrate, (1998) 5 SCC 749
28. Summoning of an accused in a criminal case is a serious matter. Criminal law cannot be set into motion as a matter of course. It is not that the complainant has to bring only two witnesses to support his allegations in the complaint to have the criminal law set into motion. The order of the Magistrate summoning the accused must reflect that he has applied his mind to the facts of the case and the law applicable thereto. He has to examine the nature of allegations made in the complaint and the evidence both oral and documentary in support thereof and would that be sufficient for the complainant to succeed in bringing charge home to the accused. It is not that the Magistrate is a silent spectator at the time of recording of preliminary evidence before summoning of the accused. The Magistrate has to carefully scrutinise the evidence brought on record and may even himself put questions to the complainant and his witnesses to elicit answers to find out the truthfulness of the allegations or otherwise and then examine if any offence is prima facie committed by all or any of the accused. Under the aforesaid facts and circumstance, the impugned order is set aside and the entire criminal proceeding is quashed with respect to petitioner No.2-Madhu Gupta. Criminal miscellaneous petition is partly allowed.