The Madhya Pradesh High Court has quashed criminal proceedings against three relatives of a husband accused in a dowry harassment case, while allowing the trial to proceed against the husband and mother-in-law.
The petition was filed under Section 482 CrPC seeking quashing of an FIR registered in 2021 at Police Station Lalbarra, District Balaghat, for offences under Sections 498-A, 323, 313, 506 and 34 IPC and Sections 3/4 of the Dowry Prohibition Act. The complainant alleged that after her marriage in May 2019, she was subjected to physical assault, dowry demands of ₹3 lakh, and harassment by her husband and in-laws. She further alleged that she was kicked during pregnancy and forced to consume medicine leading to miscarriage.
The petitioners contended that three of the accused relatives, two government servants residing at different locations and another living separately, had no direct involvement in the matrimonial home and were falsely implicated. Attendance records were placed on record to show that they were not present at the time of the alleged incidents. It was also argued that there was a delay of nearly two years in lodging the FIR.
Justice B.P. Sharma examined the scope of inherent powers under Section 482 of CrPC and observed that the FIR contained only general and omnibus allegations against the three relatives, who were residing separately and had no demonstrated direct role in the alleged cruelty or dowry demand. Applying the principles laid down in State of Haryana and Others v. Bhajan Lal and Others [(1992) Supp 1 SCC 335, the Court held that continuation of proceedings against them would amount to abuse of process. Accordingly, the FIR and charge sheet against them were quashed.
However, the Court declined to interfere with proceedings against the husband and mother-in-law, observing that allegations against them were specific and supported by medical material, and any defence regarding pregnancy or miscarriage would have to be examined during trial. The petition was thus partly allowed.
Cases Referred
• Abhishek v. State of Madhya Pradesh, 2023 SCC OnLine SC 1083
• Achin Gupta v. State of Haryana, 2024 SCC OnLine SC 759
• State of Haryana and Others v. Bhajan Lal and Others [(1992) Supp 1 SCC 335
Appearances
Shri Utkarsh Agrawal – Advocate for the petitioners.
Shri Jitendra Shrivastava – Panel Lawyer for respondent/State.
Shri Shishir Kumar Soni – Advocate for respondent No.2.
