Tag Archives: 498a quash

Allowing trial to proceed against innocent relatives, outsiders is a travesty of justice & abuse of law. 498a cocktail quashed

////15. It may be seen from the aforesaid judgments that the Supreme Court has expressed its concerned with regard to false implication of husband and his relatives in the cases under section 498-A of the Indian Penal Code by disgruntled wives. It has also been held that the tendency of falsely implicating even those relatives of husband, who lived separately and in different cities is also growing. It has been held that if there are no specific and credible allegations against, with necessary particulars against the relatives of the husband, they should not be made to suffer the ignominy of a criminal trial.

In the instant case, as we have already seen that there are specific allegations against husband Shrikant and his father Sudama Prasad who lived together in the matrimonial home of the complainant along with her. Thus, the power under section 482 of the Code of Criminal Procedure cannot be used to stifle their prosecution. However, so far as remaining applicants/accused persons are concerned, none of them lived together with the husband and father-in-law in the matrimonial home of the complainant. Moreover, there are no specific and credible allegations with necessary particulars, against them. Only omnibus allegations shorn of even basic details, have been leveled; therefore, in the opinion of this Court, they should not be made to undergo the rigmarole of a criminal trial. Allowing trial to proceed against the aforesaid relatives would be travesty of justice and abuse of process of law. As such, exercise of extra-ordinary powers of the High Court reserved under section 482 of the Code of Criminal Procedure, is called for.
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10-12-2015

HIGH COURT OF MADHYA PRADESH : AT JABALPUR

Miscellaneous Criminal Case No.2112/2015

Shrikant Tamrakar and others
Vs.
State of Madhya Pradesh and another

Present:- Hon’ble Shri Justice C.V. Sirpurkar

Dr.Anuvad Shrivastava, counsel for the applicant.
Shri Amit Pandey, Panel Lawyer for the respondent/State.

ORDER

(10-12-2015)

  1. This miscellaneous criminal case has been instituted on an application under section 482 of the Code of Criminal Procedure filed on behalf of applicants/accused persons in Crime No.32/2015 registered by P.S. City Kotwali, Chhindwara, under section 498-A read with section 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act, 1961.
  2. The facts giving rise to this miscellaneous criminal case may briefly be stated thus: Complainant Harshna Paigwar filed a written report with the police to the effect that she was married to applicant/accused No.1 Shrikant Paigwar/Tamrakar by Hindu Rites in a Group Marriage Ceremony under the Chief Minister’s Scheme at Chhindwara, on 06-06-2014. In the marriage, her mother spent about Rs.4,00,000/- and gave gold and silver ornaments and house- hold items to the complainant. In addition thereto, she had also given Rs.2,00,000/- in cash and clothes at the time of engagement ceremony. Applicants/accused Sudama Prasad Tamrakar is father, Amarlal Tamrakar is father’s brother-in- law, Uma Tamrakar is father’s sister, Anoop Tamrakar is brother-in-law, Eshwari Tamrakar is sister, Sachin Chandravanshi is brother-in-law and Jaishri Chandravanshi is sister of applicant No.1 Shrikant Tamrakar. Applicant No.9 Krishna Tamrakar is not in relation with applicant No.1 Shrikant Tamrakar. When the complainant went to matrimonial home at Chhindwara, from her maternal home at Chichli, Gadarwara, her two sisters-in-law Eshwari and Jaishri and their husbands Anoop and Sachin as also her father-in- law’s sister Uma and her husband Amarlal Tamrakar as well as Krishna Tamrakar started saying that her mother had given nothing in dowry. She ought to have given at least Rs.5,00,000/-. Krishna Tamrakar said that at Chhindwara people evem spent 10,00,000/- in marriages. The aforesaid relatives of her husband started taunting and mentally harassing her. Sudama, her father-in-law also mentally harassed her for dowry. Her husband Shrikant called his friends, to consume liquor in her matrimonial home. Shrikant told the complainant to do everything she does with him, with his friends as well. Her husband and father-in-law pressurized her to ask her mother on telephone to give a shop in dowry. Her husband and her father-in-law also forcibly administered intoxicating tablets and on one occasion, an injection to her. Once her husband and father-in-law tried to pour kerosene on her; whereon she ran away to her neighbours’ place and called her mother on telephone. Thereafter her mother came and took her to her maternal home. Her husband and father- in-law say that they would take her to her maternal home only after her mother would make arrangement for more dowry. The FIR was lodged on 14-01-2015. After investigation, charge-sheet was filed in the Court on 26-09-2015.
  3. The applicants have prayed for quashing the first information report and the proceedings arising therefrom on the ground that applicant No.1 Shrikant married complainant Harshna in Group Marriage Ceremony under the Chief Minister’s Scheme. The family of applicant Shrikant lived below poverty line. The complainant lived at her matrimonial home with applicant Shrikant only after a brief period of 10-12 days. Thereafter, her mother took her to her matrimonial home leveling false allegations against applicant Shrikant and other family members. Since, the complainant refused to live with applicant No.1 Shrikant, he served a notice dated 25-08-2014 upon her through his advocate by registered post but the complainant did not pay any heed to the aforesaid notice. Consequently applicant No.1 Shrikant Tamrakar filed an application under section 9 of the Hindu Marriage Act in the Court of Principal Judge, Family Court, Chhindwara on 18-11-2014, for restitution of conjugal rights which has been registered as Hindu Marriage Petition No.418/2014. As a counter blast to the said application, the complainant filed present first information report on 15-01-2015, wherein false allegations have been leveled not only against applicant Shrikant and father Sudama Prasad but also against Krishna Tamrakar, who is not related to applicant Shrikant as also other relatives, who lived in other towns separate from applicant Shrikant on omnibus allegations. Therefore, it has been prayed that the first information report and the criminal proceedings arising therefrom be quashed.
  4. A notice was directed to be issued against the complainant (respondent No.2 Harshna); however, a perusal of the Court order dated 06-08-2015 reveals that no one had appeared on behalf of the respondent No.2 even after due service upon her. Thus, complainant was not represented before the Court at the time of arguments.
  5. On due consideration of the contentions of learned counsel for the applicants and respondent No.1/State as also after perusal of the case diary, this Court is of the view that this application under section 482 of the Code of Criminal Procedure must succeed in part.
  6. It is admitted that charge sheet in the matter has been filed. However, it has been held by the Apex Court in the case of Satish Mehra Vs. State (NCT of Delhi) and another, AIR 2013 SC 506 that the power to interdict a proceeding either at the threshold or at an intermediate stage of the trial is inherent in a High Court on the broad principle that in case the allegations made in the FIR or the criminal complaint, as the case may be, prima facie do not disclose a triable offence, there can be no reason as to why the accused should be made to suffer the agony of legal proceeding. Thus, such power would be available for exercise not only at the threshold of a criminal proceeding but also at a relatively advanced stage thereof, namely, after framing of charge against the accused. Thus, the High Court can certainly exercise power under section 482 of the Code of Criminal Procedure after filing of the charge sheet or even after framing of charge.
  7. It has also been held by the Supreme Court in the case of Harshendra Kumar D. Vs. Rebatilata Koley AIR 2011 SC 1090 that uncontroverted documents or material of unimpeachable or sterling character may be considered while exercising jurisdiction under section 482 of the Code of Criminal Procedure. The same view has been taken by the Supreme Court in the cases of State of Orissa vs. Devendra Nath Padhi, 2005(1) SCC 568, Rukmani vs. Vijaya, AIR 2009 SC 1013 and Rajiv Thapar vs. Madan Lal Kapoor, AIR 2013 SC (supp.) 1056.
  8. Reverting back to the facts and circumstances of the case at hand, it is found that there is nothing on record to suggest that applicant Krishna Tamrakar (accused No.7) is, in any manner related to husband Shrikant Paigwar. Thus, the observation alleged to have been made by him that some people at Chhindwara spent even Rs.10,00,000/- in marriage, is inconsequential and does not make him liable to be implicated in a case under section 498-A of the Indian Penal Code.
  9. So far as accused persons other than Shrikant, Sudama and Krishna are concerned, Amarlal Tamrakar is brother-in- law of Sudama Prasad. Uma Tamrakar is Amarlal’s wife and Sudama Prasad’s sister. Anoop Kumar is Eshwari’s husband and Shrikant’s brother-in-law. Likewise, Sachin is husband of Jaishri and brother-in-law of Shrikant. Eshwari and Jaishri are married sisters of Shrikant. Sister Eshwari and her husband Anoop Jasathi lived at Cheechli, Tahsil Gadarwara, District Narsinghpur. Other sister Jaishri and her husband Sachin lived at House No.43 Patwari Colony, Khargaon. Sudama’s sister Uma Tamrakar and her husband Amarlal lived at Bhairoganj Seoni. Krishna Tamrakar lived separately from Shrikant and his father Sudama, at Chhota Talab, Chhindwara. Only Shrikant and his father lived together at 23 Nice Chowk Chhindwara. Aforesaid addresses of the applicants have been recorded after investigation, in the charge sheet. Thus, it is admitted position that apart from Shrikant and Sudama no one else has ever resided with the complainant in the same house at Chhindwara.
  10. In the first information report, which was recorded on the basis of a written report, specific allegations have been made against husband Shrikant and his father Sudama Prasad regarding harassment and cruelty for dowry; however, the allegations against the remaining applicants are omnibus in nature and no time and date of the incidents have been given. Moreover, in her statement recorded under section 161 of the Code of Criminal Procedure on 25-01-2015, complainant Harshna has simply stated at the end, probably by way of after-thought that other accused persons had said that more money ought to have been given in the marriage and applicants could deserved a better girl. In the end, a general statement was made that all persons had beaten her for dowry. However, no specific role in this regard has been ascribed to any of them nor time and date of the assault has been given. In any case, complainant is said to have stayed in her matrimonial home for not more than 10 or 12 days.
  11. It may be noted in this regard that the Supreme Court in the case of Arnesh Kumar Vs. State of Bihar, 2014(8) SCC 273, observed that: “… There is a phenomenal increase 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 fact 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, bedridden grandfathers and grandmothers of the husbands, their sisters living abroad for decades are arrested.
  12. It has been observed by the Supreme Court in Preeti Gupta v. State of Jharkhand , AIR 2010 SC 3363 that:“..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 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. 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 amicable settlement altogether. The process of suffering is extremely long and painful.â? â??When the facts and circumstances of the case are considered in the background of legal principles set out in preceding paragraphs, then it would be unfair to compel the appellants to undergo the rigmarole of a criminal trial. In the interest of justice, we deem it appropriate to quash the complaint against the appellants.â?
  13. Likewise, in the case of Neelu Chopra & anr. v. Bharti, AIR 2009 SC(Supp) 2950, Supreme Court held as follows: â??It does not show as to which accused has committed what offence and what is the exact role played by these appellants in the commission of offence. There could be said something against Rajesh, as the allegations are made against him more precisely but he is no more and has already expired. Under such circumstances, it would be an abuse of process of law to allow the prosecution to continue against the aged parents of Rajesh, the present appellants herein on the basis of vague and general complaint which is silent about the precise acts of the appellants.â?
  14. A three judge bench of Supreme Court in the case of Kans Raj vs. State of Punjab, AIR 2000 SC 2324 observed that: â??For the fault of the husband, the in-laws or the other relations cannot, in all cases, be held to be involved in the demand of dowry. In cases where such accusation are made, the overt acts attributed to persons other than husband are required to be proved beyond reasonable doubt. By mere conjectures and implications such relations cannot be held guilty for the offence relating to dowry deaths. A tendency has, however, developed for roping in all relations of the in- laws of the deceased wives in the matters of dowry deaths which, if not discouraged, is likely to affect the case of the prosecution even against the real culprits. In their over enthusiasm and anxiety to seek conviction for maximum people, the parents of the deceased have been found to be making efforts for involving other relations which ultimately weaken the case of the prosecution even against the real accused as appears to have happened in the instant case.â?
  15. It may be seen from the aforesaid judgments that the Supreme Court has expressed its concerned with regard to false implication of husband and his relatives in the cases under section 498-A of the Indian Penal Code by disgruntled wives. It has also been held that the tendency of falsely implicating even those relatives of husband, who lived separately and in different cities is also growing. It has been held that if there are no specific and credible allegations against, with necessary particulars against the relatives of the husband, they should not be made to suffer the ignominy of a criminal trial.
  16. In the instant case, as we have already seen that there are specific allegations against husband Shrikant and his father Sudama Prasad who lived together in the matrimonial home of the complainant along with her. Thus, the power under section 482 of the Code of Criminal Procedure cannot be used to stifle their prosecution. However, so far as remaining applicants/accused persons are concerned, none of them lived together with the husband and father-in-law in the matrimonial home of the complainant. Moreover, there are no specific and credible allegations with necessary particulars, against them. Only omnibus allegations shorn of even basic details, have been leveled; therefore, in the opinion of this Court, they should not be made to undergo the rigmarole of a criminal trial. Allowing trial to proceed against the aforesaid relatives would be travesty of justice and abuse of process of law. As such, exercise of extra-ordinary powers of the High Court reserved under section 482 of the Code of Criminal Procedure, is called for.
  17. Consequently, this application under section 482 of the Code of Criminal Procedure is allowed in part.
  18. The first information report registered by P.S. City Kotwali, Chhindwara, in Crime No.32/2015 under section 498-A read with section 34 of the Indian Penal Code and section 3/4 of the Dowry Prohibition Act and the criminal proceedings arising therefrom pending in the Court of Judicial Magistrate First Class, Chhindwara, so far as they relate to applicants Eshwari, Anoop, Jaishri, Sachin, Uma, Amarlal and Krishna are quashed. The trial arising from aforesaid first information report against husband Shrikant and father-in-law Sudama Prasad, shall continue in accordance with law.

(C V SIRPURKAR) JUDGE

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Don’t rope in relatives in #Fake498a & other #Fake criminal cases! #498a & conspiracy 2 #kidnap kid filed on maternal uncles #quashed

//// 4. A perusal of the charge sheet and the supplementary charge sheet discloses the fact that the Appellants are not the immediate family members of the third Respondent/husband. They are the maternal uncles of the third Respondent. Except the bald statement that they supported the third Respondent who was harassing the second Respondent for dowry and that they conspired with the third Respondent for taking away his child to the U.S.A., nothing else indicating their involvement in the crime was mentioned. The Appellants approached the High Court when the investigation was pending. The charge sheet and the supplementary charge sheet were filed after disposal of the case by the High Court.

..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. ……////

SC_of_India_-_Retch

IN THE SUPREME COURT OF INDIA

CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL No.1045 of 2018
(Arising out of SLP (Crl.) No.3286 of 2016)

K. SUBBA RAO & ORS. …. Appellant(s)

Versus

THE STATE OF TELANGANA REP. BY ITS SECRETARY, DEPARTMENT OF HOME AND ORS. ….Respondent(s)

J U D G M E N T

L. NAGESWARA RAO, J.

Leave granted.

  1. 1. Respondent No.2 submitted a complaint to the Chandanagar Police Station, Cyberabad, District Hyderabad on 20.12.2015 alleging harassment by her husband and his family members including the Appellants who are the maternal uncles of her husband. She also complained of the kidnapping of her son by the husband. On the basis of the said complaint, an FIR was registered under Sections 498 A of the Indian Penal Code, 1860 (hereinafter referred to as ‘the IPC’) at Chandanagar Police Station, Cyberabad, District Hyderabad on the same day. The Appellants filed a petition under Section 482 Cr. P.C. for quashing the proceedings in the crime registered pursuant to the complaint of Respondent No.2. The High Court dismissed the said petition by its judgment dated 22.01.2016. The Station House Officer, Chandanagar Police Station, Cyberabad was directed not to arrest the Appellants till the completion of the investigation. Aggrieved by the judgment of the High Court by which the petition under Section 482 Cr. P.C. filed by the Appellants was dismissed, they have filed the present appeal. https://bit.ly/2Mnll7H
  2. 2. A charge sheet was filed on 12.03.2017 under Sections 498A, 120 B, 420, 365 IPC after completion of the investigation in Crime No.477 of 2015, Chandanagar Police Station, Cyberabad. The Appellants are shown as A-4 to A- 6. As per the charge sheet, Respondent Nos.2 and 3 married on 08.12.2008 and were mostly residing in the United States of America. There was a marital discord between them. The allegations against the Appellants are that they were supporting the third Respondent/husband who was physically and mentally torturing the second Respondent. The Appellants also conspired with the third Respondent who kidnapped the child from the custody of the second Respondent and took him away to the U.S.A.
  3. 3. During the course of hearing, we enquired with the learned Counsel for the State of Telengana whether a supplementary charge sheet was being filed against the Appellants. He produced a copy of the supplementary charge sheet dated 20.12.2017.
  4. 4. A perusal of the charge sheet and the supplementary charge sheet discloses the fact that the Appellants are not the immediate family members of the third Respondent/husband. They are the maternal uncles of the third Respondent. Except the bald statement that they supported the third Respondent who was harassing the second Respondent for dowry and that they conspired with the third Respondent for taking away his child to the U.S.A., nothing else indicating their involvement in the crime was mentioned. The Appellants approached the High Court when the investigation was pending. The charge sheet and the supplementary charge sheet were filed after disposal of the case by the High Court. https://bit.ly/2Mnll7H
  5. 5. Criminal proceedings are not normally interdicted by us at the interlocutory stage unless there is an abuse of process of a Court. This Court, at the same time, does not hesitate to interfere to secure the ends of justice. See State of Haryana v. Bhajan Lal 1992 Supp. (1) SCC 335. 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. See Kans Raj v. State of Punjab & Ors. (2000) 5 SCC 207 and Kailash Chandra Agrawal and Anr. v. State of Uttar Pradesh & Ors. (2014) 16 SCC 551.
  6. 6. The counsel for the second Respondent submitted that certain documents belonging to the second Respondent were seized from the Appellants which would show their active involvement in the kidnapping of her child. On an overall consideration of the contents of the charge sheet, supplementary charge sheet and the submissions made on behalf of the Respondent No.2, we are of the opinion that a prima facie case has not been made out against the Appellants for proceeding against them under Sections 498 A, 120 B, 420 and 365 IPC.
  7. 7. For the aforementioned reasons, we quash the proceedings qua the Appellants in Crime No.477 of 2015, dated 20.12.2015 under Sections 498 A, 120 B, 420, 365 IPC registered at Chandanagar Police Station, Cyberabad before the Court of IX, Metropolitan Magistrate, Kukatpally at Miyapur, Cyberabad, Commissionerate.
  8. 8. The appeal is accordingly allowed.

……………………………….J. [S.A. BOBDE]

……………………………….J. [L. NAGESWARA RAO]

New Delhi,
August 21, 2018.

Absurd and #Fake #498a counter blast to husband’s #RCR quashed by #MPHC

Whether prosecution U/S 498A and S 294 of IPC can be quashed?

Thus, in our opinion, while it is true that ordinarily defence material cannot be looked into by the court while framing of the charge in view of D.N. Padhi case [(2005) 1 SCC 568 : 2005 SCC (Cri) 415] , there may be some very rare and exceptional cases where some defence material when shown to the trial court would convincingly demonstrate that the prosecution version is totally absurd or preposterous, and in such very rare cases the defence material can be looked into by the court at the time of framing of the charges or taking cognizance. In our opinion, therefore, it cannot be said as an absolute proposition that under no circumstances can the court look into the material produced by the defence at the time of framing of the charges, though this should be done in very rare cases i.e. where the defence produces some material which convincingly demonstrates that the whole prosecution case is totally absurd or totally concocted.

38. In my view, therefore, there is no scope for the accused to produce any evidence in support of the submissions made on his behalf at the stage of framing of charge and only such materials as are indicated in Section 227 CrPC can be taken into consideration by the learned Magistrate at that stage. However, in a proceeding taken therefrom under Section 482 CrPC the court is free to consider material that may be produced on behalf of the accused to arrive at a decision whether the charge as framed could be maintained. This, in my view, appears to be the intention of the legislature in wording Sections 227 and 228 the way in which they have been worded and as explained in Debendra Nath Padhi case (2005) 1 SCC 568 : 2005 SCC (Cri) 415 by the larger Bench therein to which the very same question had been referred.”

12. Accordingly, the documents referred to by the applicants with regard to vehicles owned by them can be looked into. Furthermore, the offence under Section 294 of the IPC is not made out as the incident has taken place within the house of the complainant-wife. It appears that the prosecution has been initiated on account of scuffle which has taken place on 8.9.2013. However, in order to drag more offences against the applicants, the allegations with regard to demand of Indica car have been made. Further, the reliance has been placed by learned counsel for respondent No.2 on the judgment of Hon’ble Supreme Court in Taramani Parakh’s case (supra), wherein the Court in paragraph 11 has observed that if the allegations are absurd and do not make any case or if it can be held that there is abuse of process then the proceedings can be quashed. However, the Court has been cautioned from entering into the reliability of the evidence and to discuss about the version and counter version. FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress FOR 100s of high court and supreme court cases

13. In the considered opinion of this Court, in the case at hand, as discussed above, the allegations are absurd and have been levelled to make the case more grave. Therefore, following the mandate of Hon’ble the Supreme Court, the powers under Section 482 CrPC are exercised for quashing the FIR to the extent it relates to the offences under Section 498-A and 294 of the IPC.

 

Madhya Pradesh High Court

Kunaldev Singh Rathore @ Kunal Dev … vs State Of M.P on 2 December, 2016

(02.12.2016 )

  1. 1. Applicants, vide instant application under Section 482 of the Code of Criminal Procedure, 1973 (for brevity ‘CrPC’) seek quashing of FIR bearing Crime No.614/2013 dated 18.12.2013 for commission of offences punishable under Sections 323, 294, 498-A and 506 of the Indian Penal Code (in short ‘IPC’) registered at police Station Kotwali District Bhind (M.P.). Further, the quashing of Criminal Case No.183/2014 has also been sought, which has been registered in furtherance to the said FIR.
  2. 2. The facts leading to filing of instant application are that a marriage was solemnized between the applicant No.1 and respondent No.2 on 21.11.2007 and a son has born out of the wedlock. According to the complaint made by respondent No.2, the present applicants were harassing her since the date of marriage for demand of Indica Car, however, she tolerated the harassment with a hope that one day the applicants will mend their ways and will treat the respondent No.2 properly. Although, the situation did not improve and one day the respondent No.2 was thrown out of the matrimonial home along with her son, whereafter, she started living with her parents at Madho Ganj, Bhind. Respondent No.2 did not have any means to maintain herself and she did not want to burden her parents, an application for maintenance by her and the son was filed, in which the notices were issued, however the applicants did not accept the summons issued by the Court and on 8.9.2013 the applicants are alleged to have visited the house of parents of respondent No.2. During their visit, the applicants pressurized respondent No.2 to withdraw the case filed by her, failing which it was threatened that she will face dire consequences.
  3. 3. Due to the incident dated 8.9.2013 the respondent No.2 submitted a complaint before the police and requested to register the FIR against the applicants. Although, the police did not take any action prompting the respondent No.2 to file complaint case before the concerned Magistrate under Section 200 of the Code of Criminal Procedure, 1973, who, in turn, instructed police to submit report under Section 156(3) CrPC. The police informed the Magistrate that it is taking cognizance of the matter and will record the FIR for commission of offences punishable underSections 323, 294, 506 and 498-A read with Section 34 of IPC. Consequently, on 18.11.2013, an FIR for the said incident was registered bearing Crime No.614/2013 at police Station City Kotwali District Bhind.
  4. 4. After completion of investigation, the police has filed charge-sheet against all the applicants on 6.2.2014 before the concerned Magistrate for the offences mentioned in the FIR. In order to seek quashing of criminal proceedings, the instant application has been filed.
  5. 5. It has been stated before this Court that in respect to instant case, no other matter has been pending for similar relief. Further, it has been stated that the applicants have preferred instant application rather than invoking the revisional jurisdiction citing the reason that this Court underSection 482 CrPC has wider jurisdiction.
  6. 6. According to learned counsel for the applicants, the plain reading of the content of the FIR does not reveal commission of offences levelled against the applicants. Moreover, the FIR has been lodged in order to defeat the proceedings initiated by the applicant No.1 under Section 9 of the Hindu Marriage Act, 1955 for restitution of conjugal rights. It has also been contended that the respondent No.2 herself has violated the law by siphoning the gold of the present applicants and fleeing away to her parental home. In support of the contention, learned counsel for the applicants placed reliance on the complaint (Annexure P/4) submitted before the police. Accordingly, it is contended that the prosecution has been launched to misuse the criminal justice system and it is a fit case for interference. FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress FOR 100s of high court and supreme court cases
  7. 7. Per contra, learned counsel appearing on behalf of respondent No.1-State has supported the criminal prosecution on the ground that prima facie the allegations levelled against the applicants are made out, therefore, the application deserves to be dismissed. According to learned counsel for respondent No.2, she had already moved application for maintenance and the application under Section 9 of HMA has been filed subsequently by the applicant No.1 which itself shows the intention of the applicants to cause delay in decision of application for maintenance filed by her. As per learned counsel for respondent No.2, the Supreme Court in the case of Taramani Parakh vs State of M.P., 2015 (2) JLJ 1 (SC), has held that legitimate prosecution cannot be stifled by resorting to petition underSection 482 CrPC as there has to be a trial conducted to arrive at a conclusion about the participation of accused persons in the crime. Therefore, the application merits no consideration and liable to be dismissed.
  8. 8. I have considered the rival contentions raised on behalf of the parties and have perused the documents placed on record along with the present application.
  9. 9. The parameters on which the indulgence can be shown for exercising powers available underSection 482 CrPC with respect to matrimonial matters have been laid down by the Apex Court in the case of Geeta Mehrotra vs State of U.P. (2012) 10 SCC 741 in the following manner : “20. Coming to the facts of this case, when the contents of the FIR are perused, it is apparent that there are no allegations against Kumari Geeta Mehrotra and Ramji Mehrotra except casual reference of their names which have been included in the FIR but mere casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute specially if it happens soon after the wedding. 21. It would be relevant at this stage to take note of an apt observation of this Court recorded in G.V. Rao v. L.H.V. Prasad [(2000) 3 SCC 693 : 2000 SCC (Cri) 733] 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: (SCC p. 698, para 12) “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.” The view taken by the Judges in that matter was that the courts would not encourage such disputes.”
  10. 10. In another judicial pronouncement by the Supreme Court in the case of Ramesh Rajagopal v. Devi Polymers (P) Ltd., (2016) 6 SCC 310, wherein the Hon’ble Court referred to the earlier decision, observed in the following manner :-  “15. In Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre [Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre, (1988) 1 SCC 692 : 1988 SCC (Cri) 234] , this Court observed as follows: (SCC p. 695, para 7) “7. The legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. This is so on the basis that the court cannot be utilised for any oblique purpose and where in the opinion of the court chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may while taking into consideration the special facts of a case also quash the proceeding even though it may be at a preliminary stage.” FOLLOW http://twitter.com/ATMwithDick on twitter or https://vinayak.wordpress.com/ on wordpress FOR 100s of high court and supreme court cases
  11. 11. In the context of the law laid down by the Apex Court, the plain reading of the complaint submitted by respondent No.2, which has been reproduced in the FIR dated 18.12.2013, goes to show that the allegations relating to commission of offence punishable under Section 498-A of IPC are omnibus and do not refer to any specific act of the applicants. According to the complaint, the respondent No.2 was subjected to cruelty due to non- fulfillment of demand of Indica Car in dowry by the applicants. It is undisputed in the instant case that the marriage was solemnized on 21.11.2007. Although the complaint is silent about the fact as to when she left the matrimonial house. Further, with respect to this allegation, the applicants have brought on record the registration certificate issued by transport department on 10.1.2008 with respect to Indica Car. Moreover, the documents reflecting TATA Sumo in the name of applicant No.2 and other four-wheeler have also been brought on record. On cumulative consideration of these circumstances, it is revealed that the accusations regarding cruelty and harassment for demand of Indica Car are absurd and improbable. At this stage, it is important to note that the documents tantamount to material filed by the applicants in their defence and as per the judicial pronouncement by the Supreme Court on consideration of defence material at a preliminary stage in a criminal prosecution, such documents cannot be made basis for taking any decision. But, the Apex Court in the case of Rukmini Narvekar v. Vijaya Satardekar, (2008) 14 SCC 1, has held as under: “21. We should also keep in mind that it is well settled that a judgment of the Court has not to be treated as Euclid’s formula [vide Rajbir Singh Dalal (Dr.) v. Chaudhari Devi Lal University [(2008) 9 SCC 284 : (2008) 2 SCC (L&S) 887 : JT (2008) 8 SC 621] ]. As observed by this Court in Bharat Petroleum Corpn. Ltd. v. N.R. Vairamani(2004) 8 SCC 579 : AIR 2004 SC 4778, observations of courts are neither to be read as Euclid’s formula nor as provisions of the statute. 22. Thus, in our opinion, while it is true that ordinarily defence material cannot be looked into by the court while framing of the charge in view of D.N. Padhi case [(2005) 1 SCC 568 : 2005 SCC (Cri) 415] , there may be some very rare and exceptional cases where some defence material when shown to the trial court would convincingly demonstrate that the prosecution version is totally absurd or preposterous, and in such very rare cases the defence material can be looked into by the court at the time of framing of the charges or taking cognizance. In our opinion, therefore, it cannot be said as an absolute proposition that under no circumstances can the court look into the material produced by the defence at the time of framing of the charges, though this should be done in very rare cases i.e. where the defence produces some material which convincingly demonstrates that the whole prosecution case is totally absurd or totally concocted. 38. In my view, therefore, there is no scope for the accused to produce any evidence in support of the submissions made on his behalf at the stage of framing of charge and only such materials as are indicated in Section 227 CrPC can be taken into consideration by the learned Magistrate at that stage. However, in a proceeding taken therefrom under Section 482 CrPC the court is free to consider material that may be produced on behalf of the accused to arrive at a decision whether the charge as framed could be maintained. This, in my view, appears to be the intention of the legislature in wording Sections 227 and 228 the way in which they have been worded and as explained in Debendra Nath Padhi case (2005) 1 SCC 568 : 2005 SCC (Cri) 415 by the larger Bench therein to which the very same question had been referred.”
  12. 12. Accordingly, the documents referred to by the applicants with regard to vehicles owned by them can be looked into. Furthermore, the offence under Section 294 of the IPC is not made out as the incident has taken place within the house of the complainant-wife. It appears that the prosecution has been initiated on account of scuffle which has taken place on 8.9.2013. However, in order to drag more offences against the applicants, the allegations with regard to demand of Indica car have been made. Further, the reliance has been placed by learned counsel for respondent No.2 on the judgment of Hon’ble Supreme Court in Taramani Parakh’s case (supra), wherein the Court in paragraph 11 has observed that if the allegations are absurd and do not make any case or if it can be held that there is abuse of process then the proceedings can be quashed. However, the Court has been cautioned from entering into the reliability of the evidence and to discuss about the version and counter version.
  13. 13. In the considered opinion of this Court, in the case at hand, as discussed above, the allegations are absurd and have been levelled to make the case more grave. Therefore, following the mandate of Hon’ble the Supreme Court, the powers under Section 482 CrPC are exercised for quashing the FIR to the extent it relates to the offences under Section 498-A and 294 of the IPC.
  14. 14. In this view of the matter, the present application under Section 482 CrPC is partly allowed. Accordingly, the FIR and the consequent proceedings so far as they relate to the offences punishable under Sections 498-A and 294 of the IPC are quashed. However, with regard to remaining offences, the proceedings shall continue.
  15. 15. It is made clear that the trial Court shall decide the case without being influenced by the observations made by this Court.

(S.K.Awasthi) Judge.

#sec154(1) complaint b4 police & inaction essential b4 #Crpc156(3) to magistrate. 156(3) order needs application of Judicial mind. #fake498a #quashed. #KarnatakaHC

After appreciating the facts, the Hon HC concludes that

“….On meaningful reading of the above said paragraphs, it is clear that when the court has to make certain observations, with all certainty that there has to be prior report by the complainant before police u/s.154(1) and if the police have not taken any action, he has approached the higher officers u/s.156(4) and (3) of Cr.PC., before filing the complaint and application u/s.156(3) of Cr.PC., Both the above said aspects should be clearly spelt out in the affidavit along with the necessary documents to that effect, shall be filed by the complainant.

….In this particular case, the said procedure appears to have not been followed by the complainant. Also, the learned Magistrate has not looked into this particular aspect. Therefore, in my opinion, the reference order passed by the learned Magistrate u/s.156(3) is bad in law and consequential registration of the FIR also deserves to be quashed….”

 

Karnataka HC

Karnataka High Court
Author: K.N.Phaneendra
                          1


 IN THE HIGH COURT OF KARNATAKA, BENGALURU

      DATED THIS THE 20TH DAY OF JUNE, 2018

                      BEFORE

     THE HON'BLE MR.JUSTICE K. N. PHANEENDRA

               CRL.P. NO.2090/2018
BETWEEN

1.   SRI SHAIK LAIQUE AHMED
     S/O S K NAZEER BASHA
     AGED ABOUT 34 YEARS
     REP. BY HIS G P A HOLDER
     SRI S K NAZEER BASHA

2.   SRI S K NAZEER BASHA
     S/O SHAIK RAHMATHUMIA SAHEB
     AGED ABOUT 68 YEARS

3.   SMT BEGUM JAN
     W/O S K NAZEER BASHA
     AGED ABOUT 61 YEARS

     NOS. 1 TO 3 ARE R/AT NO 8,
     AZIZ MULK, 8TH STREET
     THOUSAND LIGHTS CHENNAI - 600 006

4.   SRI FEROZ NAWAZ KHAN
     S/O OF SRI YAKUB NAWAZ KHAN
     AGED ABOUT 65 YEARS

5.   SMT KURSHEED BEGUM
     W/O SRI FEROZ NAWAZ KHAN
     AGED ABOUT 62 YEARS

6.   SMT SHANAWAZ BEGUM
     DAUGHTER OF MR HUSSAIN KHAN
     AGED ABOUT 61 YEARS
                           2


7.   SMT REHANA BEGUM
     DAUGHTER OF MR HUSSAIN KHAN
     AGED ABOUT 61 YEARS

     NOS. 4 TO 7 ARE R/AT
     NO 38/78, AZIZ MULK, 3RD STREET
     THOUSAND LIGHTS CHENNAI - 600 006

                                   ... PETITIONERS

(BY SRI. SHAMANTH NAIK, ADV. FOR
    SRI. SYED KHAMRUDDIN, ADV.)

AND

1.   STATE OF KARNATAKA
     REP. BY SHIVAJINAGAR
     WOMEN POLICE STATION
     EAST ZONE, BANGALORE CITY
     BANGALORE - 560037
     REP. BY SPP
     HIGH COURT BUILDING

2.   SMT SYEDA SALMA SADIYA
     D/O SYED PASHA
     AGED ABOUT 31 YEARS
     R/ AT NO 2629, 37TH CROSS
     9TH BLOCK, JAYANAGAR
     BENGALURU - 560 069           ... RESPONDENTS

(BY SRI. S. RACHAIAH, HCGP FOR R1;
    SRI. J. D. KASHINATH, ADV. FOR
    SRI. MOHAMMED SULTAN BEARY, ADV. FOR R2.)

    THIS CRL.P IS FILED UNDER SECTION 482 CR.P.C
PRAYING TO QUASH THE ALL PROCEEDINGS AND
COMPLAINT IN P.C.R.NO.12622/2017 PENDING BEFORE
THE VI ADDL.C.M.M., BENGALURU.


     THIS CRL.P COMING ON FOR ADMISSION THIS DAY,
THE COURT MADE THE FOLLOWING:
                               3



                           ORDER

Heard the learned counsel for the petitioners and the learned High Court Government Pleader for the first respondent – State and the learned counsel for the second respondent. Perused the records. https://twitter.com/ATMwithDick/status/1022336818858127360

2. The records disclose that the second respondent has filed a private complaint u/s.200 of Cr.PC., registered in PCR No.12622/2017 for the offence punishable under Sections 498A, 377, 323, 354 and 506 of IPC and also u/ss.3 and 4 of the Dowry Prohibition Act. The learned Magistrate has referred the said complaint for investigation and report exercising power u/s.156(3) of Cr.PC., and the matter is still awaiting report from the police.

3. On the basis of the above said reference, the first respondent – police has registered a complaint u/s.156(3) of Cr.P.C., and referred for investigation and report, which proceedings are called in question.

4. The main contention of the learned counsel for the petitioners is that before referring the matter, the learned Magistrate has not looked into the complaint averments in order to examine as to whether any affidavit is filed by the complainant in consonance with the guidelines of the Hon’ble Apex Court in a case reported in 2015 (6) SCC 287 between Priyanka Srivatsava and another Vs. State of UP & Others. It is worth to extract paragraphs 26 and 27 of the said judgment of the Hon’ble Apex Court which reads thus:

26. At this stage it is seemly to state that power under Section 156(3) warrants application of judicial mind. A court of law is involved. It is not the police taking steps at the stage of Section 154 of the code. A litigant at his own whim cannot invoke the authority of the Magistrate. A principled and really grieved citizen with clean hands must have free access to invoke the said power. It protects the citizens but when pervert litigations takes this route to harass their fellows citizens, efforts are to be made to scuttle and curb the same.

27. In our considered opinion, a stage has come in this country where Section 156(3) Cr.P.C. applications are to be supported by an affidavit duly sworn by the applicant who seeks the invocation of the jurisdiction of the Magistrate. That apart, in an appropriate case, the learned Magistrate would be well advised to verify the truth and also can verify the veracity of the allegations. This affidavit can make the applicant more responsible. We are compelled to say so as such kind of applications are being filed in a routine manner without taking any responsibility whatsoever only to harass certain persons. That apart, it becomes more disturbing and alarming when one tries to pick up people who are passing orders under a statutory provision which can be challenged under the framework of said Act or under Article 226 of the Constitution of India. But it cannot be done to take undue advantage in a criminal court as if somebody is determined to settle the scores. We have already indicated that there has to be prior applications under section 154(1) and 164(3) while filing a petition under Section 156(3). Both the aspects should be clearly spelt out in the application and necessary documents to that effect shall be filed. The warrant for giving a direction that an the application under Section 156(3) be supported by an affidavit so that the person making the application should be conscious and also endeavour to see that no false affidavit is made. It is because once an affidavit is found to be false, he will be liable for prosecution in accordance with law. This will deter him to casually invoke the authority of the Magistrate under Section 156(3). That apart, we have already stated that the veracity of the same can also be verified by the learned Magistrate, regard being had to the nature of allegations of the case. We are compelled to say so as a number of cases pertaining to fiscal sphere, matrimonial dispute/family disputes, commercial offences, medical negligence cases, corruption cases and the cases where there is abnormal delay/laches in initiating criminal prosecution, as are illustrated in Lalita Kumari are being filed. That apart, the learned Magistrate would also be aware of the delay in lodging of the FIR”

On meaningful reading of the above said paragraphs, it is clear that when the court has to make certain observations, with all certainty that there has to be prior report by the complainant before police u/s.154(1) and if the police have not taken any action, he has approached the higher officers u/s.156(4) and (3) of Cr.PC., before filing the complaint and application u/s.156(3) of Cr.PC., Both the above said aspects should be clearly spelt out in the affidavit along with the necessary documents to that effect, shall be filed by the complainant.

5. In this particular case, the said procedure appears to have not been followed by the complainant. Also, the learned Magistrate has not looked into this particular aspect. Therefore, in my opinion, the reference order passed by the learned Magistrate u/s.156(3) is bad in law and consequential registration of the FIR also deserves to be quashed. https://twitter.com/ATMwithDick/status/1022336818858127360

Hence, the following:

ORDER

The Petition is allowed. Consequently, the order passed by the VI Addl. CMM, Bengaluru City in PCR No.12622/2017 dated 11.10.2017 referring the complaint for investigation and report u/s.156(3) of Cr.PC., is hereby set aside and the consequential registration of FIR by the first respondent police is hereby quashed. However, the complaint filed by the respondent No.2 is restored on to the file of the learned VI Addl. CMM Bengaluru with a direction that the Magistrate has to go through the observations made by the Hon’ble Apex Court in Priyanka Srivatsa’s Case as noted above and follow the procedure as contemplated therein and pass appropriate order in accordance with law.

Sd/-

JUDGE

Second #FAKE #498a filed on same Fake grounds at a different police station! #Quashed !! Anup Agrawal vs The State Of #Madhya #Pradesh on 16 #April, #2018

Notes

Soon after marriage wife demands LAKHS and LAKHS of money from her newly wed husband !! The Husband is unable to provide the same !! So she refuses to join matrimonial home. Wife then goes on to file #FAKE #498a at #Indore PS. The Indore police arrange for counseling sessions and the woman agrees that there were “differences” between the couple (NOT dowry cruelty !! ) and they agree to part ways !

Still the woman files a SECOND fake 498a from a different Police station. Husband tries to impress on the second PS that the case in the same grounds the first cace (which was closed) . Still the second PD file a charge sheet !

So the husband and co run to MH HC and seek quash. https://twitter.com/ATMwithDick

The Hon MP HC sees the ABUSE of process of law and quashes the entire 498a case !!


Anup Agrawal vs The State Of Madhya Pradesh on 16 April, 2018

Madhya Pradesh High Court

Anup Agrawal vs The State Of Madhya Pradesh on 16 April, 2018

M.Cr.C.No10858/2017 (Anup Agrawal & Ors. Vs. State of M.P. & Ors..)

High Court of Madhya Pradesh: Bench at Indore

Single Bench: Hon’ble Shri Justice S.K. Awasthi

M.Cr.C. No. 10858/2017

Anup Agrawal & Ors.

vs.

State of Madhya Pradesh & Ors.


Shri Anup Agrawal, present in person.

Mrs. Mamta Shandilya, learned Govt. Advocate for the respondent No.1/State.

Shri Vinod Kuma Bhavsar, learned counsel for the respondent No.2/complainant.


ORDER

(Passed on April 2018 )

  1. The applicants filed instant petition under Section 482 of the Code of Criminal Procedure, 1973 (for short ‘The code’) seeking quashment of FIR bearing Crime No. 14/2017 dated 06/01/2017 for commission of offence under Sections 498(A) and 323/34 of the IPC registered at Police-Station-Lasudiya, Distric-Indore and charge-sheet dated 27/06/2017 filed in respect of the aforesaid FIR. https://twitter.com/ATMwithDick
  2. 2. The necessary facts leading to filing of the instant petition are that the marriage of applicant No.1-Anup Agrawal was solemnized with respondent No.2-Trupti Agrawal on 24/04/2014 as per Hindu rituals and customs. Respondent No. 2 made a complaint against the applicants alleging that in the marriage her parents had given ornaments, household articles and cash of Rs.3.50 Lacs to the applicants. However, after the marriage, all the accused persons started to harass the respondent No. 2 alleging that her parents had given nothing in the marriage and they demanded money from her. At the time of Diwali festival in the year 2014 the applicants beat her and she was thrown out of her matrimonial home. On the basis of aforesaid allegations an FIR for commission of offence under Sections 498(A) and 323/34 was registered against the applicants at Police-Station Lasudiya and after completion of investigation charge-sheet was filed. In the month of June 2015, the applicant was transferred to Ahemdabad but the respondent No.2 refuse to accompanied him, since she did not want to give her job in the ICICI Bank, Indore. Applicant No.1 tried to relocate back to Indore. Respondent No.2 informed the applicant No.1-in the mid-August 2014 first time that she owed a debt liability of approximately Rs.25 Lacs against Indore Development Authority flat situated in Anandvan (Highrise), Scheme No. 140 and she is paying an EMI of approximately Rs.25,000/- towards the said loan from July 2015. On 01/12/2015, respondent No.2 asked the applicant No.1 to help her for Rs. 6,54,080/- to enable her to get possession of the aforesaid flat, however, due to a shortage of funds the applicant No.1 was unable to help the respondent No.2 to pay the same and because of this respondent No.2 got furious with the applicant No.1 and refused to come back to the matrimonial home. Applicant No.1 applied for new job and he got his new assignment at Pune but respondent No.2 refused to come to Pune saying that she cannot stay in relationship with a person, who cannot arrange money for her when she needs it. On 20/12/2016, a family meeting was arranged in Neemuch to resolve the said issued. But respondent No.2 did not turn up on the aforesaid date. Thereafter, applicants made several attempts for reconciliation but they have not received any response from respondent No.2. On 27/09/2016, at the house of family friend of the applicant a family meeting was arranged, in which respondent No.2 alongwith her father and other relatives were present in an extremely aggressive manner and threatened that they would implicate the applicants in false case under the Domestic Violence and Dowry Prohibition Act in order to harass and humiliate the applicants and tarnish their reputation. They abused applicant Nos. 2 & 4 and attempted to assault the applicant No.1. In this regard applicant No.4 lodged a complaint against the said intimidation and threatening in the Police-Station at Neemuch. https://twitter.com/ATMwithDick
  3. 3. On 01/12/2016, respondent No.2 filed a complaint against the applicants at the Mahila Thana, Indore alleging that the she was treated with cruelty by the applicants in order to extract the dowry from her parents. There upon the applicants were summoned by the Mahila Thana, Indore. Whereupon the police recorded the statement of the applicants and respondent No.2 . During counseling proceedings and respondent No.2 could not substantiate her case against the applicants and then she sought some time to think and to provide evidence of her allegations against the applicants. On 18/12/2016, another counseling session was conducted, in which they came to the conclusion that the differences have arisen between them and respondent No.2 was agreed to file a petition for dissolution of the marriage by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955 with the condition that she wanted back of her belongings that may be lying at the house of applicant No.1. On 18/12/2016, the respondent No.2 collected her remaining belongings under the supervision of the SHO, Mahila Thana from their rented housed situated at Nipaniya, Indore and the Police-Station Mahila Thana filed a closure report before the Court of Judicial Magistrate First Class.
  4. 4. On 06/01/2017, the respondent No.2 again made a false complaint against the applicants with identical facts at Police-Station-Lasudiya, Indore, where FIR bearing Crime No. 14/2017 got registered for the offence under Sections 498(A) and 323/34 of the IPC against the applicants. Then the applicant No.1 tried in every possible manner to bring to the notice of the Police-Station-Lasudiya, Indore that the said FIR had been registered on the basis of a false and malicious complaint and that the said issues between the parties stood resolved, with the written consent of the respondent No.2, during the previous proceedings in the Mahila Thana, Indore, in December 2016. However, no heed was paid to the requests of the applicant No.1 and charge-sheet was filed against the applicants before the Court of Additional Chief Judicial Magistrate, Indore. The aforesaid charge-sheet is completely malafide and illegal and there is no ground for prosecution of the applicants are available. Only vague and omnibus allegations has been made in the complaint, which are totally false and concocted, therefore, FIR bearing Crime No. 14/2017 dated 06/01/2017 for commission of offence under Sections 498(A) and 323/34 of the IPC registered at Police-Station-Lasudiya, Distric-Indore and charge-sheet dated 27/06/2017 filed in respect of the aforesaid FIR is liable to be quashed. https://twitter.com/ATMwithDick
  5. 5. Per contra learned counsel appearing on behalf of respondents has supported the criminal prosecution on the ground that prima facie the allegations levelled against the applicants are made out, therefore, the petition deserves to be dismissed.
  6. 6. I have considered the rival contentions raised on behalf of the parties and have perused the documents placed on record along with the present application.
  7. 7. The parameters on which the indulgence can be shown for exercising powers available under Section 482 of the Cr.P.C. with respect to matrimonial matters have been laid down by the Apex Court in the case of Geeta Mehrotra Vs. State of U.P. (2012) 10 SCC 741 in the following manner: ” 20. Coming to the facts of this case, when the contents of the FIR are perused, it is apparent that there are no allegations against Kumari Geeta Mehrotra and Ramji Mehrotra except casual reference of their names which have been included in the FIR but mere M.Cr.C.No10858/2017 casual reference of the names of the family members in a matrimonial dispute without allegation of active involvement in the matter would not justify taking cognizance against them overlooking the fact borne out of experience that there is a tendency to involve the entire family members of the household in the domestic quarrel taking place in a matrimonial dispute specifically if it happens soon after the wedding.
  8. 8. In another judicial pronouncement by the Supreme Court in the case of Ramesh Rajagopal Vs. Devi Polymers (P) Ltd; (2016) 6 SCC 310, wherein the Hon’ble Court referred to the earlier decision, observed in the following manner:- “15. In Madhavrao Jiwajirao Scindia v. Sambhajirao Chandrojirao Angre [Madhavrao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre, (1988) 1 SCC 692, 1988 SCC (Cri) 234}, this Court observed as follows: (SCC p. 695, para 7) “7. The legal position is well settled that when a prosecution at the initial stage is asked to be quashed, the test to be applied by the Court is as to whether the uncontroverted allegations as made prima facie establish the offence. It is also for the court to take into consideration any special features which appear in a particular case to consider whether it is expedient and in the interest of justice to permit a prosecution to continue. This is so on the basis that the court cannot be utilised for any oblique purpose and where in the opinion of the court chances of an ultimate conviction are bleak and, therefore, no useful purpose is likely to be served by allowing a criminal prosecution to continue, the court may while taking into consideration the special facts of a case also quash the proceeding even though it may be at a preliminary stage.” https://twitter.com/ATMwithDick
  9. 9. However, it has been held by the Apex Court in the case of Satish Mehra Vs. State (NCT of Delhi) and anotdher, AIR 2013 SC 506 that the power to interdict a proceeding either at the threshold or at an intermediate stage of the trial is inherent in a High Court on the broad principle that in case the allegations made in the FIR or the criminal complaint, as the case may be, prima facie do not disclose a triable offence, there can be no reason as to why the accused should be made to suffer the agony of legal proceedings. Thus, such power would be available for exercise not only at the threshold of a criminal proceeding but also at a relatively advanced stage thereof, namely, after framing of charge against the accused.
  10. 10. It has been held in the case of State of Haryana Vs. Bhajan Lal, AIR 1992 SC 604, that where a criminal proceedings is manifestly attended with male fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge, extraordinary or inherrent powers reserved to the High Court under Section 482 of the Code of Criminal Procedure can be exercised to quash the first information report.
  11. 11. In the context of the law laid down by the Apex Court , the plain reading of the FIR lodged by the respondent No.2, goes to show that the allegations relating to commission of offence punishable under Section 498(A) of the IPC are omnibus and do not refer to any specific act of the applicants. Although she has made an allegation that on 27/04/2014, when they had gone to Shimla (H.P.) for their honeymoon, the applicant No.1-taunted her alleging that her father has not given anything in the dowry and on Diwali festival of the year 2014, the applicants beat her with respect to demand of dowry, but she has not made any complaint regarding these incidents till 2016, which clearly indicates that all these allegations are vague and false. https://twitter.com/ATMwithDick
  12. 12. On 18/12/2016, at Mahila Thana Indore respondent No.2 made the following statement, which reads as under:- ” I, Trupti W/o Anup Agrawal, give this undertaking today i.e. on 18/12/2016 after counseling at Mahila Thana, Indore both of us husband and wife thinks that our thoughts does not match and it is not possible for us to live together any more. I wants to return my belongings from my husband and he is agreed to return the same. We will transfer our belongings with mutual understanding and we will file a divorce petition before the Court with mutual consent.”
  13. 13. The reproduced portion makes it clear that after counseling sessions both the parties came to the conclusion that the differences have arisen between them, therefore, they cannot be live together and respondent No.2 was agreed to file a petition for divorce by mutual consent under Section 13(B) of the Hindu Marriage Act, 1955. In the context of the aforesaid understanding which has been arises between the parties, Mahila Thana Indore filed a closure report of the matter on 13/12/2016.
  14. 14. However, on 06/01/2017, the respondent lodged FIR at Police-Station Lasudiya for the same ground by suppressing the proceedings of Mahila Thana, Indore. In the FIR lodged at Police-Station-Lasudiya she alleged that even after 2-3 counseling sessions, the applicants persisted for their demand of dowry, which is absolutely contrary to the proceedings held at Mahila Thana, Indore. From the proceeding of Mahila Thana, Indore, it is transpired that after 2-3 days of the marriage respondent No.2 stayed with her husband-Anup Agrawal and sister-in-law-Alka Agrawal at Indore. Applicant No.1-Anup Agrawal due to his transfer left to Ahemdabad and then to Pune alone for the reasons that respondent No.2 was working at ICICIU Bank, Indore and she did not go with him. From the impugned FIR, it is clear that respondent No.2 is living separately since 23/11/2015 and she has not interested to live with her husband, therefore, it is difficult to believed that the applicants subjected her to cruelty on the pretext of demand of dowry. From the statement of the respondent No.2 given before the Mahila Thana, Indore, it is apparent that applicant Nos. 2 & 4 never lived with her, therefore, it cannot be accepted that they made any demand of dowry with the respondent No.2 and ill treated her with regard to the fulfillment of their demand. After counseling at Mahila Thana, Indore respondent No.2 and applicant No.1-Anup Agrawal, agreed that they will file a petition for divorce in writing and the parties were rided for court proceedings for the reason that the respondent No.2 does not want to live with applicant No.1 anymore. It is also pertinent to note that the respondent No.2 has already filed a divorce petition against applicant No.1 at family Court, Indore. While Mahila Thana, Indore has filed a closure report on the complaint filed by respondent No.2, then registration of FIR against the applicants for the same ground at Police-Station Lasudiya is nothing but a sheer abuse of the process of law.
  15. 15. Under these circumstances, the present application under Section 482 of the Cr.P.C. is allowed. Consequently, FIR bearing Crime No. 14/2017 dated 06/01/2017 for commission of offence under Sections 498(A) and 323/34 of the IPC registered at Police-Station-Lasudiya, Distric-Indore and charge-sheet dated 27/06/2017 filed in respect of the aforesaid FIR are hereby quashed.

Certified copy as per rules.

(S.K. Awasthi) Judge

skt Digitally signed by Santosh Kumar Tiwari Date: 2018.04.17 10:30:08 +05’30’

Anup Agrawal vs The State Of Madhya Pradesh on 16 April, 2018
— Read on indiankanoon.org/doc/193260203/