Full Judgment Text
2024:BHC-AS:3752-DB
P.H. Jayani
55 APL805.2023 NEW.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 805 OF 2023
Premlata Satish Sharma and ors. …. Applicants
v/s.
The State of Maharashtra and anr. …. Respondents
Mr. Aslam Khan i/b. Hemakshi Gandhi for the Applicants.
Ms. Rutuja Ambekar, APP for the State.
Mr. Akshay Dunde for the Respondent No.2.
CORAM: SMT. ANUJA PRABHUDESSAI AN
N.R. BORKAR, JJ.
th
DATED : 12 JANUARY, 2024.
JUDGMENT (Per :- Smt. Anuja Prabhudessai, J.)
. With consent, heard finally at the stage of admission.
2. By this Application filed under Section 482 of the C
Procedure Code, the Applicants seek to quash the FIR No. I-106/202
registered at Vashi Police Station, Navi Mumbai and Charge Sheet N
152/2023 in R.C.C.No.1273/2023 pending on the file of le
Metropolitan Magistrate, Vashi, Belapur, Navi Mumbai for o
punishable under sections 323, 406, 498-A, 504 r/w. 34 of the India
Penal Code.
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3. The aforesaid crime was registered pursuant to the FIR lodged
Respondent No.2. The Applicant No.1 is the mother-in-law a
Applicant Nos.2 and 3 are the married sisters-in-law of Respondent
No.2. The facts narrated in the FIR reveal that the marr
Respondent No.2 and Nitin Sharma, the son of the Applicant No.1, w
solemnized on 08/08/2022. This was their second marriage and ea
of them has a child from the previous marriage. The Respondent N
claims that at the time of wedding ceremony, her husband and his
family members demanded several valuable gold items and cash as
‘shagun’ (good luck). When they visited Dehradhun after th
marriage, instead of staying in her matrimonial home, they stayed
hotel. Her husband made her spend Rs.1,50,000/- to purchase lapt
for his son and she was made to buy gold bangles for Applicant Nos
and 3 on their visit to Jagannathpuri.
4. Respondent No.2 alleged that her husband is alcoholic and wo
abuse and assault her. He has also retained her two mangalsutra,
diamond earrings, diamond ring, diamond nose pin and tw
bangles. She claims that even when she was living separately with
husband, he would not spend enough time with her but would rathe
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55 APL805.2023 NEW.doc
spend time with his family. She has levelled allegations of cruelty
against her husband and his family members including his minor so
from the previous marriage. On the basis of the aforesaid allegatio
crime was registered against the husband of the Respondent No.2 a
his family members and upon completion of the investigation, charg
sheet has been filed for the offences as stated above.
5. Learned counsel for the Applicants submit that the allegations
the FIR as well as the other material which form part of the charge
sheet, do not disclose cognizable offence, much less an offence und
section 498-A of IPC. He submits that the Respondent N
collected her jewelry (streedhan) . He submits that the FIR does not
disclose commission of cognizable offence and hence, this is a fit ca
to exercise discretion under Section 482 Cr.P.C. to prevent an abus
the process of law.
6. Per contra, learned APP and learned counsel for Respondent N
submit that the facts narrated in the FIR clearly indicate
Applicants herein had demanded gold jewelry and cash in the form
shagun. The material on record also reveals that the Applicants he
had subjected Respondent No.2 to physical and mental cruelty. Th
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FIR discloses commission of cognizable offence, and hence, this is n
fit case to exercise discretion under section 482 of Cr.P.C.
7. We have perused the records and considered the submission
advanced by the learned counsel for the respective parties.
8. The Applicants have invoked the powers under section 482 of
Cr.P.C., which can be exercised (i) to give effect to an order under t
Code; (ii) to prevent abuse of the process of the Court, and (iii) to
otherwise secure the ends of justice. In
State of Haryana and othe
v/s. Ch. Bhajan Lal and others, AIR 1992 SC 204, the Apex Court has
set out by way of illustrations the broad categories of cases in whic
the inherent powers under Section 482 of Cr.P.C. can be exercised.
illustrations relevant to decide the present case are :-
“102. (1) where the allegations made in the First
Information Report or the complaint, even if they are taken
at their face value and accepted in their entirety do not
prima facie constitute any offence or make out a cas
against the accused.
…
(3) Where the uncontroverted allegations made in the
FIR or complaint and the evidence collected in support of
the same, do not disclose the commission of any offence
and make out a case against the accused
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…
(7) Where a criminal proceeding is manifestly attended
with mala 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.”
9. In Geo Verghase v/s. State of Rajasthan and anr., AIR
4764, the Apex Court has reiterated that :-
“ 34. … Undoubtedly, every High Court has inherent power
to act ex debito justitiae i.e., to do real and substantial
justice, or to prevent abuse of the process of the Court. The
powers being very wide in itself imposes a solemn duty on
the Courts, requiring great caution in its exercise. The Court
must be careful to see that its decision in exercise of this
power is based on sound principles. The inherent powers
vested in the Court should not be exercised to stifle
legitimate prosecution. However, the inherent power or the
extra-ordinary power conferred upon the High Court,
entitles the said Court to quash a proceeding, if it comes to
the conclusion that allowing the proceeding to continue
would be an abuse of the process of the Court, or the ends
of justice require that the proceeding ought to be quashed.”
10. In this backdrop, the only question for our considera
whether the FIR and the other material on record which forms part
the charge sheet, discloses commission of a cognizable offence.
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11. The Applicant No.1 is the mother-in-law and the Applicant No.
is the married sister-in-law of Respondent No.2. These Applicants
alleged to have subjected Respondent No.2 to cruelty and
committed offence under section 498-A of IPC. The term ‘cruelty’
the purpose of Section 498-A of the IPC has been specifically define
In order to constitute an offence under section 498-A, there must be
prima facie material to prove that the Applicants by their
conduct of such a nature had driven the Respondent No.2 to comm
suicide or caused grave injury or danger to her life, limb or health o
that they had harassed her with a view to coercing her to
unlawful demand of dowry. In Mahalaxmi v/s. The State of Karna
2023 Live law (SC) 1041 , the Apex Court has held that ‘one instance
unless portentous, in the absence of any material evid
interference and invovlement in the marrital life of the complant
not be sufficient to implicate the person as having committed cr
under section 498-A of the IPC. ”
12. In the instant case, the Respondent No.2 and Nitin Sharma, th
son of the Applicant No.1, met through a matrimonial website. They
decided to marry and solemnized their marriage on 04/08/2022 wit
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consent of their family members. The only allegations against the
Applicants are that (i) the husband of Respondent No.2 had made h
give gold ornaments and cash to the Applicants as shagun (good luck),
(ii) she had purchased gold bangles for the Applicant No.2 at her
instance, (iii) the Applicant No.1 abused her when she e
inability to incur household expenditure.
13. There are no allegations that these Applicants had coerced he
meet the unlawful demand and/or they had subjected Respondent N
to cruelty for not meeting the unlawful demand. Similarly, isolated
incident of abuse or bad behaviour cannot be classified as ‘cruelty’
under section 498-A of the Indian Penal Code. Hence, in our conside
view, the allegations levelled against the Applicants, even if accept
their face value, do not constitute ‘cruelty’ as defined in the
Explanation to section 498-A. There are no specific allegations agai
these Applicants for having retained or misappropriated the gold an
diamond jewelry of the Respondent No.2. On the contrary, it is on
record that in the course of mediation process, the gold and diamon
ornaments have been returned to Respondent No.2.
14. It would be relevant to refer to the decision of the Apex Court
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Kahkashan Kausar alias Sonam and others v/s. State of B
others, (2022) 6 SCC 599, wherein the Apex Court referred to several
previous decisions and observed that “ this Court has at numerous
instances expressed concern over the misuse of section 498-A IP
the increased tendency of implicating relatives of the h
matrimonial disputes, without analyzing the long term ramificatio
a trial on the complainant as well as the accused. I
manifests from the said judgments that false implication by way
general omnibus allegations made in the course of ma
dispute, if left unchecked, would result in misuse of the process o
Therefore, this Court by way of its judgments warned the Courts
proceeding against the relatives and in-laws of the husband whe
prima facie case is made out against them. ”
15. In the present case, the Respondent No.2, has gone to the ext
of levelling allegations against the minor son of her husband from t
st
1 marriage. She has dragged her mother-in-law, a 77 year old lady
and the married sister-in-law in a matrimonial dispute without there
being any material against them to show their involvement in
offence in question. Under such circumstances, compelling
Applicants to face criminal trial would be a sheer abuse of the proce
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of the Court.
16. For the reasons stated above, the Application is allowed. FIR N
I-106/2023 registered at Vashi Police Station, Navi Mumbai and Cha
Sheet No.I-152/2023 in R.C.C.No.1273/2023 pending on the file of
learned Metropolitan Magistrate, Vashi, Belapur, Navi Mumbai, stan
quashed qua the Applicants.
(N.R. BORKAR, J.) (SMT. ANUJA PRABHUDESSAI, J.)
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IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPLICATION NO. 805 OF 2023
Premlata Satish Sharma and ors. …. Applicants
v/s.
The State of Maharashtra and anr. …. Respondents
Mr. Aslam Khan i/b. Hemakshi Gandhi for the Applicants.
Ms. Rutuja Ambekar, APP for the State.
Mr. Akshay Dunde for the Respondent No.2.
CORAM: SMT. ANUJA PRABHUDESSAI AN
N.R. BORKAR, JJ.
th
DATED : 12 JANUARY, 2024.
JUDGMENT (Per :- Smt. Anuja Prabhudessai, J.)
. With consent, heard finally at the stage of admission.
2. By this Application filed under Section 482 of the C
Procedure Code, the Applicants seek to quash the FIR No. I-106/202
registered at Vashi Police Station, Navi Mumbai and Charge Sheet N
152/2023 in R.C.C.No.1273/2023 pending on the file of le
Metropolitan Magistrate, Vashi, Belapur, Navi Mumbai for o
punishable under sections 323, 406, 498-A, 504 r/w. 34 of the India
Penal Code.
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3. The aforesaid crime was registered pursuant to the FIR lodged
Respondent No.2. The Applicant No.1 is the mother-in-law a
Applicant Nos.2 and 3 are the married sisters-in-law of Respondent
No.2. The facts narrated in the FIR reveal that the marr
Respondent No.2 and Nitin Sharma, the son of the Applicant No.1, w
solemnized on 08/08/2022. This was their second marriage and ea
of them has a child from the previous marriage. The Respondent N
claims that at the time of wedding ceremony, her husband and his
family members demanded several valuable gold items and cash as
‘shagun’ (good luck). When they visited Dehradhun after th
marriage, instead of staying in her matrimonial home, they stayed
hotel. Her husband made her spend Rs.1,50,000/- to purchase lapt
for his son and she was made to buy gold bangles for Applicant Nos
and 3 on their visit to Jagannathpuri.
4. Respondent No.2 alleged that her husband is alcoholic and wo
abuse and assault her. He has also retained her two mangalsutra,
diamond earrings, diamond ring, diamond nose pin and tw
bangles. She claims that even when she was living separately with
husband, he would not spend enough time with her but would rathe
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spend time with his family. She has levelled allegations of cruelty
against her husband and his family members including his minor so
from the previous marriage. On the basis of the aforesaid allegatio
crime was registered against the husband of the Respondent No.2 a
his family members and upon completion of the investigation, charg
sheet has been filed for the offences as stated above.
5. Learned counsel for the Applicants submit that the allegations
the FIR as well as the other material which form part of the charge
sheet, do not disclose cognizable offence, much less an offence und
section 498-A of IPC. He submits that the Respondent N
collected her jewelry (streedhan) . He submits that the FIR does not
disclose commission of cognizable offence and hence, this is a fit ca
to exercise discretion under Section 482 Cr.P.C. to prevent an abus
the process of law.
6. Per contra, learned APP and learned counsel for Respondent N
submit that the facts narrated in the FIR clearly indicate
Applicants herein had demanded gold jewelry and cash in the form
shagun. The material on record also reveals that the Applicants he
had subjected Respondent No.2 to physical and mental cruelty. Th
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FIR discloses commission of cognizable offence, and hence, this is n
fit case to exercise discretion under section 482 of Cr.P.C.
7. We have perused the records and considered the submission
advanced by the learned counsel for the respective parties.
8. The Applicants have invoked the powers under section 482 of
Cr.P.C., which can be exercised (i) to give effect to an order under t
Code; (ii) to prevent abuse of the process of the Court, and (iii) to
otherwise secure the ends of justice. In
State of Haryana and othe
v/s. Ch. Bhajan Lal and others, AIR 1992 SC 204, the Apex Court has
set out by way of illustrations the broad categories of cases in whic
the inherent powers under Section 482 of Cr.P.C. can be exercised.
illustrations relevant to decide the present case are :-
“102. (1) where the allegations made in the First
Information Report or the complaint, even if they are taken
at their face value and accepted in their entirety do not
prima facie constitute any offence or make out a cas
against the accused.
…
(3) Where the uncontroverted allegations made in the
FIR or complaint and the evidence collected in support of
the same, do not disclose the commission of any offence
and make out a case against the accused
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…
(7) Where a criminal proceeding is manifestly attended
with mala 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.”
9. In Geo Verghase v/s. State of Rajasthan and anr., AIR
4764, the Apex Court has reiterated that :-
“ 34. … Undoubtedly, every High Court has inherent power
to act ex debito justitiae i.e., to do real and substantial
justice, or to prevent abuse of the process of the Court. The
powers being very wide in itself imposes a solemn duty on
the Courts, requiring great caution in its exercise. The Court
must be careful to see that its decision in exercise of this
power is based on sound principles. The inherent powers
vested in the Court should not be exercised to stifle
legitimate prosecution. However, the inherent power or the
extra-ordinary power conferred upon the High Court,
entitles the said Court to quash a proceeding, if it comes to
the conclusion that allowing the proceeding to continue
would be an abuse of the process of the Court, or the ends
of justice require that the proceeding ought to be quashed.”
10. In this backdrop, the only question for our considera
whether the FIR and the other material on record which forms part
the charge sheet, discloses commission of a cognizable offence.
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11. The Applicant No.1 is the mother-in-law and the Applicant No.
is the married sister-in-law of Respondent No.2. These Applicants
alleged to have subjected Respondent No.2 to cruelty and
committed offence under section 498-A of IPC. The term ‘cruelty’
the purpose of Section 498-A of the IPC has been specifically define
In order to constitute an offence under section 498-A, there must be
prima facie material to prove that the Applicants by their
conduct of such a nature had driven the Respondent No.2 to comm
suicide or caused grave injury or danger to her life, limb or health o
that they had harassed her with a view to coercing her to
unlawful demand of dowry. In Mahalaxmi v/s. The State of Karna
2023 Live law (SC) 1041 , the Apex Court has held that ‘one instance
unless portentous, in the absence of any material evid
interference and invovlement in the marrital life of the complant
not be sufficient to implicate the person as having committed cr
under section 498-A of the IPC. ”
12. In the instant case, the Respondent No.2 and Nitin Sharma, th
son of the Applicant No.1, met through a matrimonial website. They
decided to marry and solemnized their marriage on 04/08/2022 wit
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consent of their family members. The only allegations against the
Applicants are that (i) the husband of Respondent No.2 had made h
give gold ornaments and cash to the Applicants as shagun (good luck),
(ii) she had purchased gold bangles for the Applicant No.2 at her
instance, (iii) the Applicant No.1 abused her when she e
inability to incur household expenditure.
13. There are no allegations that these Applicants had coerced he
meet the unlawful demand and/or they had subjected Respondent N
to cruelty for not meeting the unlawful demand. Similarly, isolated
incident of abuse or bad behaviour cannot be classified as ‘cruelty’
under section 498-A of the Indian Penal Code. Hence, in our conside
view, the allegations levelled against the Applicants, even if accept
their face value, do not constitute ‘cruelty’ as defined in the
Explanation to section 498-A. There are no specific allegations agai
these Applicants for having retained or misappropriated the gold an
diamond jewelry of the Respondent No.2. On the contrary, it is on
record that in the course of mediation process, the gold and diamon
ornaments have been returned to Respondent No.2.
14. It would be relevant to refer to the decision of the Apex Court
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Kahkashan Kausar alias Sonam and others v/s. State of B
others, (2022) 6 SCC 599, wherein the Apex Court referred to several
previous decisions and observed that “ this Court has at numerous
instances expressed concern over the misuse of section 498-A IP
the increased tendency of implicating relatives of the h
matrimonial disputes, without analyzing the long term ramificatio
a trial on the complainant as well as the accused. I
manifests from the said judgments that false implication by way
general omnibus allegations made in the course of ma
dispute, if left unchecked, would result in misuse of the process o
Therefore, this Court by way of its judgments warned the Courts
proceeding against the relatives and in-laws of the husband whe
prima facie case is made out against them. ”
15. In the present case, the Respondent No.2, has gone to the ext
of levelling allegations against the minor son of her husband from t
st
1 marriage. She has dragged her mother-in-law, a 77 year old lady
and the married sister-in-law in a matrimonial dispute without there
being any material against them to show their involvement in
offence in question. Under such circumstances, compelling
Applicants to face criminal trial would be a sheer abuse of the proce
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of the Court.
16. For the reasons stated above, the Application is allowed. FIR N
I-106/2023 registered at Vashi Police Station, Navi Mumbai and Cha
Sheet No.I-152/2023 in R.C.C.No.1273/2023 pending on the file of
learned Metropolitan Magistrate, Vashi, Belapur, Navi Mumbai, stan
quashed qua the Applicants.
(N.R. BORKAR, J.) (SMT. ANUJA PRABHUDESSAI, J.)
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