1 2025:CGHC:43886-DB NAFR HIGH COURT OF CHHATTISGARH AT BILASPUR CRMP No. 2058 of 2025 1 - Rahul Sahu S/o Son Singh Aged About 27 Years R/o Village- Baghul, Police Station- Nawagarh, District- Bemetara (C.G.) 2 - Smt. Geeta Sahu W/o Son Singh Aged About 50 Years R/o Village- Baghul, Police Station- Nawagarh, District- Bemetara (C.G.) 3 - Smt. Swati Sahu W/o Rajesh Sahu Aged About 26 Years R/o Village- Ranbod, Police Station- Nawagarh, District- Bemetara (C.G.) 4 - Shri Son Singh S/o Late Bhagwani Singh Aged About 54 Years R/o Village- Baghul, Police Station- Nawagarh, District- Bemetara (C.G.) ... Petitioner(s) versus 1 - State Of Chhattisgarh Through Station House Officer, Police Station- Mahila Thana, District- Kabirdham (C.G.) 2 - Smt. Savita Sahu W/o Rahul Sahu Aged About 23 Years R/o Village- Tilaibhath, Police Station- Kunda, District- Kabirdham (C.G.) (Complainant) --- Respondent(s) (Cause title taken from CIS) SOURABH BHILWAR Digitally signed by SOURABH BHILWAR Date: 2025.08.29 18:49:58 +0530 2 For Petitioner(s) :Mr. Dharmesh Shrivastava, Advocate For Respondent/State :Mr. Shailendra Sharma, Panel Lawyer Hon’ble Shri Ramesh Sinha, Chief Justice Hon'ble Shri Bibhu Datta Guru, Judge Order on Board Per Ramesh Sinha , Chief Justice 29.08.2025 1. Heard Mr. Dharmesh Shrivastava, learned counsel for the petitioners. Also heard Mr. Shailendra Sharma, learned Panel Lawyer for the State/respondent No. 1. 2. The facts, in brief, as projected by the petitioners, are that the complainant/ respondent No.2 lodged a written report at Police Station -Mahila Thana, District Kabirdham (C.G.) alleging therein that she was married with the petitioner No.1/ Rahul Sahu on 26.04.2021 according to Hindu customs. Since the marriage, he and her in-laws have been harassing the complainant for dowry. She was being harassed and subjected to domestic violence by her husband, mother-in-law, sister-in-law and father-in-law i.e. petitioners No. 1 to 4 respectively for dowry. She had earlier submitted a written complaint to the Women's Cell, where both the parties were called for counseling in presence of the Women's Cell officials and counselors. However, as no settlement could be reached, the complainant sought legal action against the present petitioners. Hence the FIR bearing Crime No. 03/2025 was registered under Section 85, 3(5) of B.N.S., 2023. During the course of the investigation, Sections 127(2), 115(2) and 351(3) of 3 the B.N.S. were added to the case. Upon completion of the entire investigation, sufficient evidence was found indicating that the accused persons committed the offences under Sections 85, 3(5), 127(2), 115(2) and 351(3) of the Bharatiya Nyaya Sanhita, 2023 and Charge Sheet No. 02/2025 dated 30.01.2025 was filed before the learned Chief Judicial Magistrate, Kawardha, District - Kabirdham (C.G.). Hence the present petition for quashment of the said FIR and entire criminal proceedings pending before the concerned Court. 3. It has been argued by learned counsel for the petitioners that prima facie no case is maid out against the petitioners as no demand of dowry is made out by the husband and their family members. Learned counsel would submit that the FIR and charge sheet contain vague, omnibus and general allegations of dowry harassment and domestic violence without specifying particular incidents, dates or acts attributable to each accused. The absence of concrete evidence fails to establish a prima facie case under Sections 85, 3(5), 127(2), 115(2) and 351(3) of the BNS. He further submits that the criminal proceedings appear to be initiated with an ulterior motive to harass the petitioners, particularly the in- laws, who are roped in without specific roles in the alleged offences. The inclusion of the mother-in-law, father-in-law and sister-in-law in the FIR and charge sheet appears to be a tactic to pressurize the husband and his family. The allegations against them are stereotypical and lack specificity, causing undue 4 harassment to family members who are not directly involved, hence, the criminal proceedings against the petitioners may be quashed. 4. On the other hand, learned counsel appearing for respondent have opposed the submissions made by learned counsel for the petitioners and further submits that the petitioners have committed cruelty causing grievous hurt against the complainant due to which she suffers injuries, for which offence under Sections 85, 3(5), 127(2), 115(2) and 351(3) of B.N.S. has been registered against the petitioners. 5. It has been stated that the matter was referred to the Mediation Center for amicable settlement between the parties however, the mediation between the parties has failed. 6. We have heard learned counsel for the parties and perused the documents appended with petition. 7. In the matter of Geeta Mehrotra and another v. State of Uttar Pradesh and another1, the Supreme Court has held that casual reference to the family member of the husband in FIR as co- accused particularly when there is no specific allegation and complaint did not disclose their active involvement. It was held that cognizance of matter against them for offence under Sections 498-A, 323, 504 and 506 of the IPC would not be justified as cognizance would result in abuse of judicial process. 1 (2012) 10 SCC 741 5 8. In the matter of K. Subba Rao and others v. State of Telangana represented by its Secretary, Department of Home and others2 the Supreme Court delineated the duty of the criminal Courts while proceeding against relatives of victim's husband and held that the Court should be careful in proceeding against distant relatives in crime pertaining to matrimonial disputes and dowry deaths and further held that relatives of husband should not be roped in on the basis of omnibus allegations, unless specific instances of their involvement in offences are made out. 9. In the matter of Rashmi Chopra v. State of Uttar Pradesh and Another3, it has been held by the Supreme Court relying upon the principle of law laid down in State of Haryana and others v. Bhajan Lal and others4 that criminal proceedings can be allowed to proceed only when a prima facie offence is disclosed and further held that judicial process is a solemn proceeding which cannot be allowed to be converted into an instrument of oppression or harassment and the High Court should not hesitate in exercising the jurisdiction to quash the proceedings if the proceedings deserve to be quashed in line of parameters laid down by the Supreme Court in Bhajan Lal (supra) and further held that in absence of specific allegation regarding anyone of the accused except common and general allegations against everyone, no offence under Section 498A IPC is made out and 2 (2018) 14 SCC 452 3 2019 SCC OnLine SC 620 4 1992 Supp (1) SCC 335 6 quashed the charges for offence under Section 498A of the IPC being covered by category seven as enumerated in Bhajan Lal (supra) by holding as under:- “24. Coming back to the allegations in the complaint pertaining to Section 498A and Section 3/4 of D.P. Act. A perusal of the complaint indicates that the allegations against the appellants for offence under Section 498A and Section 3/4 of D.P. Act are general and sweeping. No specific incident dates or details of any incident has been mentioned in the complaint. The complaint having been filed after proceeding for divorce was initiated by Nayan Chopra in State of Michigan, where Vanshika participated and divorce was ultimately granted. A few months after filing of the divorce petition, the complaint has been filed in the Court of C.J.M., Gautam Budh Nagar with the allegations as noticed above. The sequence of the events and facts and circumstances of the case leads us to conclude that the complaint under Section 498A and Section 3/4 of D.P. Act have been filed as counter blast to divorce petition proceeding in State of Michigan by Nayan Chopra. 25. There being no specific allegation regarding any one of the applicants except common general allegation against everyone i.e. “they started harassing the daughter of the applicant demanding additional dowry of one crore” and the fact that all relatives of the husband, namely, father, mother, brother, mother’s sister and husband of mother’s sister have been roped in clearly indicate that application under Section 156(3) Cr.P.C. was filed with a view to harass the applicants.....” 7 10. The Apex Court, in Payal Sharma v. State of Punjab & Another {Cr.A. No. 4773/2024, decided on 26.11.2024} had, relying on the decision in Geeta Mehrotra (supra), Kahkashan Kausar @ Sonam & Others v. State of Bihar & Others {(2022) 6 SCC 599}, Bhajan Lal (supra), and Umesh Kumar v. State of Andhra Pradesh & Another {(2013) 10 SCC 591}, had quashed the FIR and the consequential proceedings emanating therefrom. 11. Very recently, the Apex Court, in Dara Lakshmi Narayan & Others v. State of Telangana & Another {Cr.A. No. 5199 of 2024, decided on 10.12.2024}, has observed as under: “25. A mere reference to the names of family members in a criminal case arising out of a matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud. It is a well- recognised fact, borne out of judicial experience, that there is often a tendency to implicate all the members of the husband’s family when domestic disputes arise out of a matrimonial discord. Such generalised and sweeping accusations unsupported by concrete evidence or particularised allegations cannot form the basis for criminal prosecution. Courts must exercise caution in such cases to prevent misuse of legal provisions and the legal process and avoid unnecessary harassment of innocent family members. In the present case, appellant Nos.2 to 6, who are the members of the family of appellant No.1 have been living in different cities and have not resided in the matrimonial house of appellant No.1 and respondent No.2 herein. Hence, they cannot be dragged into criminal prosecution and the same would be an abuse of the process of the law in the 8 absence of specific allegations made against each of them. 26. In fact, in the instant case, the first appellant and his wife i.e. the second respondent herein resided at Jollarpeta, Tamil Nadu where he was working in Southern Railways. They were married in the year 2015 and soon thereafter in the years 2016 and 2017, the second respondent gave birth to two children. Therefore, it cannot be believed that there was any harassment for dowry during the said period or that there was any matrimonial discord. Further, the second respondent in response to the missing complaint filed by the first appellant herein on 05.10.2021 addressed a letter dated 11.11.2021 to the Deputy Superintendent of Police, Thirupathur Sub Division requesting for closure of the said complaint as she had stated that she had left the matrimonial home on her own accord owing to a quarrel with the appellant No.1 because of one Govindan with whom the second respondent was in contact over telephone for a period of ten days. She had also admitted that she would not repeat such acts in future. In the above conspectus of facts, we find that the allegations of the second respondent against the appellants herein are too far-fetched and are not believable. 27. xxx xxx xxx 28. The inclusion of Section 498A of the IPC by way of an amendment was intended to curb cruelty inflicted on a woman by her husband and his family, ensuring swift intervention by the State. However, in recent years, as there have been a notable rise in matrimonial disputes across the country, accompanied by growing discord 9 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 is taken to invoke Section 498A of the IPC against the husband and his family in order to seek compliance with the unreasonable demands of a wife. Consequently, this Court has, time and again, cautioned against prosecuting the husband and his family in the absence of a clear prima facie case against them. 29. We are not, for a moment, stating that any woman who has suffered cruelty in terms of what has been contemplated under Section 498A of the IPC should remain silent and forbear herself from making a complaint or initiating any criminal proceeding. That is not the intention of our aforesaid observations but we should not encourage a case like as in the present one, where as a counterblast to the petition for dissolution of marriage sought by the first appellant-husband of the second respondent herein, a complaint under Section 498A of the IPC is lodged by the latter. In fact, the insertion of the said provision is meant mainly for the protection of a woman who is subjected to cruelty in the matrimonial home primarily due to an unlawful demand for any property or valuable security in the form of dowry. However, sometimes it is misused as in the present case. 10 30. In the above context, this Court in G.V. Rao vs. L.H.V. Prasad, (2000) 3 SCC 693 observed as follows: “12. There has been an outburst of matrimonial disputes in recent times. Marriage is a sacred ceremony, the main purpose of which is to enable the young couple to settle down in life and live peacefully. But little matrimonial skirmishes suddenly erupt which often assume serious proportions resulting in commission of heinous crimes in which elders of the family are also involved with the result that those who could have counselled and brought about rapprochement are rendered helpless on their being arrayed as accused in the criminal case. There are many other reasons which need not be mentioned here for not encouraging matrimonial litigation so that the parties may ponder over their defaults and terminate their disputes amicably by mutual agreement instead of fighting it out in a court of law where it takes years and years to conclude and in that process the parties lose their “young” days in chasing their “cases” in different courts.” 31. Further, this Court in Preeti Gupta vs. State of Jharkhand (2010) 7 SCC 667 held that the courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment by the husband’s close relatives who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complainant are required to be scrutinized with great care and circumspection. 11 32. We, therefore, are of the opinion that the impugned FIR No.82 of 2022 filed by respondent No.2 was initiated with ulterior motives to settle personal scores and grudges against appellant No.1 and his family members i.e., appellant Nos.2 to 6 herein. Hence, the present case at hand falls within category (7) of illustrative parameters highlighted in Bhajan Lal. Therefore, the High Court, in the present case, erred in not exercising the powers available to it under Section 482 CrPC and thereby failed to prevent abuse of the Court’s process by continuing the criminal prosecution against the appellants.” Observing the aforesaid, the Apex Court quashed the FIR, the charge sheet and the consequential criminal proceedings pending before the learned trial Court. 12. In the complaint so made, the complainant has only made omnibus and general allegations against the petitioners without being full particulars about date and place that the petitioners treated her with cruelty for not bringing money towards dowry. There is no specific allegation regarding the petitioners (in-laws) except common and general allegations that they have demanded cash amount and used criminal force upon her. 13. Considering the submissions of the learned counsel for the parties, material available on record, perusing the FIR in which no specific allegations have been made and only bald and omnibus allegations have been made against the petitioners/in-laws, we are of the considered opinion that prima-facie no offence under Sections 85, 3(5), 127(2), 115(2) and 351(3) of the BNS is made 12 out for prosecuting (petitioner No. 2– Smt. Geeta Sahu, petitioner No.3- Smt. Swati Sahu and petitioner No.4- Shri Son Singh) for the above-stated offences. 14. 14. As a fallout and consequence of the above-stated legal analysis, FIR bearing Crime No. 03/2025 registered at Mahila Thana, Kawardha, District Kabirdham (C.G.), the criminal proceedings in respect of the Criminal Case No. 615/2025 pending before the learned Judicial Magistrate First Class, Kawardha, order taking cognizance dated 04/03/2025 and the Charge Sheet No. 02/2025 dated 30/01/2025 are hereby quashed to the extent of petitioner No. 2- Smt. Geeta Sahu, petitioner No.3- Smt. Swati Sahu and petitioner No.4- Shri Son Singh i.e. in-laws of the respondent No.2/complainant. However, prosecution against the husband of respondent No.2 i.e. petitioner No.1- Rahul Sahu, shall continue and be concluded expeditiously. 15. It is made clear that all the observations made in this order are for the purpose of deciding this petition filed by the petitioners hereinabove and this Court has not expressed any opinion on merits of the matter. 16. Resultantly, the petition filed on behalf of the petitioner No.1/husband is dismissed and so far it relates to petitioners No.2 to 4 stands allowed. Sd/- Sd/- (Bibhu Datta Guru) (Ramesh Sinha) Judge Chief Justice S. Bhilwar