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Judgment
(Per : Urmila Joshi-Phalke, J.)
Heard. Admit. Heard finally by consent of learned counsel appearing for the parties.
The present application is filed by the applicants for quashing of First Information Report in connection with Crime No.107/2019, registered under Sections 498A, 504, 506 read with Section 34 of the Indian Penal Code and consequent proceeding arising out of the same R.C.C. No.63/2020.
The present applicants are the applicant No.1 is the husband, applicant Nos.2 and 3 are the in-laws, applicant Nos.4 and 6 are the brothers-in-laws, applicant No.5 sister-in-law, applicant No.7 is maternal uncle and applicant No.8 is son of maternal uncle.
The crime is registered on the basis of a report lodged by non-applicant No.2/Devka alias Sharda Gajanan Chirmade on an allegation that her marriage was performed with applicant No.1 in the year 2017. After marriage she resumed the co-habitation at the house of present applicants but on 3.3.2019 she was ill-treated by the applicant No.1 by demanding an amount of Rs.1,00,000/- for purchasing the plot and other applicants were instigating the applicant No.1 and he was ill-treating her. On basis of the said report Police have registered the crime against the present applicants.
Heard learned counsel for the applicants, who submitted that omnibus and general allegations are levelled as far as present applicant Nos.2 to 8 are concerned, no specific instances are narrated. Even as far as the applicant No.1 is concerned except the stray instance of dated 3.3.3019 there is nothing on record to show that he has ill-treated or subjected for ill-treatment for illegal demands. In fact, the allegations levelled against him is also of omnibus nature. He submitted that in fact applicant No.5 who is sister-in-law and applicant Nos.6,7 and 8 are not residing with the applicant No.1. There is no reason for them to ill-treat her. In fact, general and omnibus allegations are levelled against him.
Learned Additional Public Prosecutor and learned counsel for the respondent No.2 strongly opposed the application and submitted that considering the nature of the allegations levelled against the present applicants prima facie case is made out and, therefore, application deserves to be rejected.
Learned counsel for the complainant also endorsed the same contentions and submitted that considering the allegations of illegal demand of Rs.1,00,000/- by the applicant No.1, application deserves to be rejected.
After hearing both sides and on perusal of the recitals of the F.I.R., it reveals that the allegations are wear and tear in nature. The nature of the allegations is omnibus and general levelled against the present applicants without any full particulars about the date, place that all the applicants including her husband ill-treated her or treated with her cruelty with a demand of money. There is no specific allegation regarding any one of the applicants except common and general allegations. As far as husband is concerned, one stray incident was narrated, but the said allegation is not of a such a nature that the cruelty caused by the husband and his family members of a such nature was that it is inflicted with an intention to cause grave injury or drive her to commit suicide or inflict grave injury to herself. Such allegations are absent in the present case.
At this stage, reference can be given to the observations made by the Hon’ble Apex Court in the case of Preeti Gupta vs State of Jharkhand, reported in (2010) 7 SCC 667, wherein the Apex Court observed in para Nos.30, 32 and 34 as under :
“30.It is a matter of common knowledge that unfortunately matrimonial litigation is rapidly increasing in our country. All the courts in our country including this court are flooded with matrimonial cases. This clearly demonstrates discontent and unrest in the family life of a large number of people of the society.
32.It is a matter of common experience that most of these complaints under section 498-A IPC are filed in the heat of the moment over trivial issues without proper deliberations. We come across a large number of of such complaints which are not even bona fide and are filed with oblique motive. At the same time, rapid increase in the number of genuine cases of dowry harassment is also a matter of serious concern.
34.Unfortunately, at the time of filing of the complaint the implications and consequences are not properly visualized by the complainant that such complaint can lead to insurmountable harassment, agony and pain to the complainant, accused and his close relations.”
In the case of Kahkashan Kausar @ Sonam vs The State of Bihar, reported in (2022) 6 SCC 599, wherein also the Hon’ble Apex Court by taking into consideration the various decisions observed as under :
“The above-mentioned decisions clearly demonstrate that this court has at numerous instances expressed concern over the misuse of section 498A IPC and the increased tendency of implicating relatives of the husband in matrimonial disputes, without analysing the long term ramifications of a trial on the complainant as well as the accused. It is further manifest from the said judgments that false implication by way of general omnibus allegations made in the course of matrimonial dispute, if left unchecked would result in misuse of the process of law. Therefore, this court by way of its judgments has warned the courts from proceeding against the relatives and in-laws of the husband when no prima facie case is made out against them.”
Recently also, this aspect is considered by the Hon’ble Apex Court in the case of Dara Lakshmi Narayana and others vs. State of Telangana and another reported in MANU/SC/1309/2024 wherein the Hon’ble Apex Court observed that it has made clear that family members of the husband ought not to be unnecessarily roped into criminal proceedings arising out of matrimonial discord. The Court observed that it has become a recurring tendency to implicate every member of the husband’s family, irrespective of their role or actual involvement, merely because a dispute has arisen between the spouses.
In the light of above circumstances and observations of the Hon’ble Apex Court in the present case as the general and omnibus allegations are levelled against all the applicants. In view of that, application deserves to be allowed. Accordingly, we proceed to pass following order :
O R D E R
The application is allowed.
The First Information Report in connection with Crime No.107/2019, registered under Sections 498A, 504, 506 read with Section 34 of the Indian Penal Code and consequent proceeding arising out of the same R.C.C. No.63/2020 is hereby quashed and set aside.
The application is disposed of in the abovesaid terms.