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TMI Blog2023 (8) TMI 1586X X X X Extracts X X X X X X X X Extracts X X X X ..... h her in-laws thereafter seems to have been only during festivals and is stated to be about 3 or 4 times - No specific instance was cited by her in that regard or as to how he subjected her to such harassment from Delhi. Similarly, Abhishek became a judicial officer 6 or 7 months after her marriage and seems to have had no occasion to be with Bhawna and Nimish at Mumbai. His exposure to her was only when she came to visit her in-laws during festivals. Surprisingly, Bhawna alleges that at the time of his own marriage, Abhishek demanded that Bhawna and her parents should provide him with a car and Rs. 2 lakhs in cash. The fact that Bhawna confessed to making a vicious complaint against Abhishek to the High Court clearly shows that her motives were not clean insofar as her brother-in-law, Abhishek, is concerned, and she clearly wanted to wreak vengeance against her in-laws. The allegation levelled by Bhawna against her mother-in-law, Kusum Lata, with regard to how she taunted her when she wore a maxi is wholly insufficient to constitute cruelty in terms of Section 498A Indian Penal Code. Bhawna herself claimed that Nimish came to her brother's wedding in 2012, but she has no detai ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... hya Pradesh. Bhawna was a teacher by profession. Nimish was working in the film industry at Mumbai and was engaged in film editing. After their marriage, the couple left for Mumbai on 08.07.2007. Bhawna is stated to have visited her in-laws in Madhya Pradesh on 3 or 4 occasions only, including the Deepavali festival in 2008. Admittedly, Bhawna parted ways with her matrimonial home at Mumbai on 25.02.2009, be it on her own volition or otherwise, and started residing with her parents at Narsinghpur. At that time, Kusum Lata had submitted representation dated 24.02.2009 to Police Station Heera Nagar at Indore, apprehending that Bhawna may make allegations against them about harassing her for dowry. 3. Prior to the filing of the divorce petition by Nimish on 08.05.2013, Bhawna made a written complaint on 05.02.2013 to Police Station Kotwali, District Narsinghpur, levelling several allegations against her husband and her in-laws. The same was sent to the jurisdictional police station at Heera Nagar, Indore. In consequence, FIR No. 56 of 2013 dated 09.02.2013 was registered on the file of P.S. Heera Nagar, Indore, against all four of them Under Section 498A Indian Penal Code and Sections ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... dowry and that they started harassing her mentally even on minor issues and started using wrong and intolerable words for her parents, brothers and sister. She stated that, one day, she was wearing a maxi while applying mehendi to her hair and upon seeing this, her mother-in-law said - Bhawna is wearing a maxi so she should be undressed and made to dance on the street. She alleged that her mother-in-law made a demand for a gold chain, ear-rings, ring and other gold jewellery in dowry at the time of the marriage. She also alleged that at the time of his own marriage, her brother-in-law, Abhishek, demanded a car and additional two lakh rupees from her and her parents. They did not have so much money and could not give a car and Rs. 2,00,000/- and her in-laws said that if you cannot bring the money then live in your parental house. She further stated that her mother-in-law's house at Indore was like a paying guest accommodation, where one or the other student was always living, and there was no room for her to stay. She alleged that they treated her also like a paying guest and harassed her physically, mentally, socially and emotionally with their demands for dowry. She then spok ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... e used to tell him and all the neighbours that her husband, Nimish, mother-in-law, Kusum Lata, and brothers-in-law, Abhishek and Sourabh, used to tell her that her father had given nothing in dowry and when she went to her parental home, she should bring Rs. 2 lakhs in cash, a car and gold jewellery. He stated that they had been harassing his daughter mentally and physically for dowry. He alleged that, on Karvachauth day, Bhawna's mother-in-law had demanded 100 sarees but he had refused. Renubala, Bhawna's mother, also made a statement on 08.09.2013 on identical lines. Two of their neighbours, Sushila Bai and Mohan, also gave statements on the same day, supporting Bhawna's version. According to them, whenever Bhawna came to meet her parents, she used to tell them that her in-laws were torturing her mentally and physically for dowry. On the other hand, Shailendra and Radhey Shyam, who lived in the neighbourhood where Nimish's father had his residence, stated to the effect that there were no demands made of Bhawna or her family for dowry and that she was never harassed on that ground. In their final report dated 20.09.2013, the police merely replicated the contents of ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... refore, needs no further elucidation on our part. 12. The contours of the power to quash criminal proceedings Under Section 482 Code of Criminal Procedure are well defined. In V. Ravi Kumar v. State represented by Inspector of Police, District Crime Branch, Salem, Tamil Nadu and Ors. [(2019) 14 SCC 568], this Court affirmed that where an Accused seeks quashing of the FIR, invoking the inherent jurisdiction of the High Court, it is wholly impermissible for the High Court to enter into the factual arena to adjudge the correctness of the allegations in the complaint. In M/s. Neeharika Infrastructure (P). Ltd. v. State of Maharashtra and Ors. [Criminal Appeal No. 330 of 2021, decided on 13.04.2021], a 3-Judge Bench of this Court elaborately considered the scope and extent of the power Under Section 482 Code of Criminal Procedure. It was observed that the power of quashing should be exercised sparingly, with circumspection and in the rarest of rare cases, such standard not being confused with the norm formulated in the context of the death penalty. It was further observed that while examining the FIR/complaint, quashing of which is sought, the Court cannot embark upon an enquiry as to t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ints and must take pragmatic realities into consideration while dealing with matrimonial cases, as allegations of harassment by husband's close relations, who were living in different cities and never visited or rarely visited the place where the complainant resided, would add an entirely different complexion and such allegations would have to be scrutinised with great care and circumspection. 15. Earlier, in Neelu Chopra and Anr. v. Bharti [(2009) 10 SCC 184], this Court observed that the mere mention of statutory provisions and the language thereof, for lodging a complaint, is not the 'be all and end all' of the matter, as what is required to be brought to the notice of the Court is the particulars of the offence committed by each and every Accused and the role played by each and every Accused in the commission of that offence. These observations were made in the context of a matrimonial dispute involving Section 498A Indian Penal Code. 16. Of more recent origin is the decision of this Court in Mahmood Ali and Ors. v. State of U.P. and Ors. (Criminal Appeal No. 2341 of 2023, decided on 08.08.2023) on the legal principles applicable apropos Section 482 Code of Criminal ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... her materials, if any, accompanying the FIR do not disclose a cognizable offence, justifying an investigation by police officers Under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code. (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. (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated Under Section 155(2) of the Code. (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the Accused. (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the Act concerned (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provis ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... cer 6 or 7 months after her marriage and seems to have had no occasion to be with Bhawna and Nimish at Mumbai. His exposure to her was only when she came to visit her in-laws during festivals. Surprisingly, Bhawna alleges that at the time of his own marriage, Abhishek demanded that Bhawna and her parents should provide him with a car and Rs. 2 lakhs in cash. Why he would make such a demand for dowry, even if he was inclined to commit such an illegality, from his sister-in-law at the time of his own marriage is rather incongruous and difficult to comprehend. Further, the fact that Bhawna confessed to making a vicious complaint against Abhishek to the High Court clearly shows that her motives were not clean insofar as her brother-in-law, Abhishek, is concerned, and she clearly wanted to wreak vengeance against her in-laws. The allegation levelled by Bhawna against her mother-in-law, Kusum Lata, with regard to how she taunted her when she wore a maxi is wholly insufficient to constitute cruelty in terms of Section 498A Indian Penal Code. 20. We may also note that Bhawna herself claimed that Nimish came to her brother's wedding in 2012, but she has no details to offer with regard t ..... X X X X Extracts X X X X X X X X Extracts X X X X
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