Madhya Pradesh High Court
Santosh Shivhare vs The State Of Madhya Pradesh on 8 May, 2023
Author: Deepak Kumar Agarwal
1
IN THE HIGH COURT OF MADHYA PRADESH
AT GWALIOR
BEFORE
HON'BLE SHRI JUSTICE DEEPAK KUMAR AGARWAL
ON THE 8 th OF MAY, 2023
MISC. CRIMINAL CASE No. 63500 of 2021
BETWEEN:-
1. SANTOSH SHIVHARE S/O SHRI SHYAMSUNDER
SHIVHARE, AGED ABOUT 45 YEARS,
OCCUPATION: GOVT. EMP. R/O WARD NO. 37
GALLA MANDI BHIND (MADHYA PRADESH)
2. SANJEEV SHIVHARE S/O SHRI SHYAMSUNDER
SHIVHARE, AGED ABOUT 32 YEARS,
OCCUPATION: GOVT. EMPLOYEE R/O AT
PRESENT SATNA DIST. SATNA (MADHYA
PRADESH)
.....PETITIONERS
(BY SHRI RAM KISHOR SHARMA- ADVOCATE )
AND
1. THE STATE OF MADHYA PRADESH THROUGH
POLICE STATION BHIND DISTT. BHIND (MADHYA
PRADESH)
2. SMT. RASHMI SHIVHARE W/O SHRI VIPUL
SHIVHARE, AGED ABOUT 26 YEARS,
OCCUPATION: HOUSE WIFE R/O AT PRESENT
B E H I N D BSZL BHAWAN VIRENDRA NAGAR
BHIND (MADHYA PRADESH)
.....RESPONDENTS
(BY SHRI SUSHANT TIWARI- PUBLIC PROSECUTOR FOR RESPONDENT
NO.1
BY SHRI SANJAY KUMAR BAHIRANI- ADVOCATE FOR RESPONDENT
NO.2)
This application coming on for hearing this day, the court passed the
Signature Notfollowing:
Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 09-05-2023
ORDER
10:45:54 AM
This petition has been filed under Section 482 of Cr.P.C. by the
petitioners, who are real brothers and cousin brothers of husband of the
complainant, for quashing the FIR crime No.27/2021 registered at police
Station, Mahila Police Station Bhind, Distt. Bhind, for the offence punishable
under Sections 498-A, 34 of IPC and Sections 3/4 of the Dowry Prohibition
Act as well as its subsequent criminal proceedings.
It is the submission of learned counsel for the petitioners that respondent
No.2 lodged the aforesaid FIR against the petitioners, her husband, her mother-
in-law and Jeth Brijkishore Shivhare with the allegation that they used to harass
her in connection with demand of Rs.one lac and one four-wheeler in dowry.
Afterwards charge-sheet has been filed in the matter. It is further submitted that
petitioners are cousin brothers of husband of the complainant and they are
residing separately. Petitioner No.1 is residing at Mehgaon and petitioner No.2
is residing at Satna. Petitioners have nothing to do with the family affairs of
husband of the complainant. In support of such submissions, copy of the
Adhar Card, identity card, Samagra Card and ration card have been filed.
Beside this, during evidence before the trial Court complainant has admitted that
petitioners are not her real Jeth and they reside separately.
It is further contended by learned counsel that proceedings against the
petitioners are if allowed to continue in the Court, then it would be a sheer
abuse of process of law and it would cause harassment and torture to the
petitioners without any fault on their parts. It is further contended that now-a-
days, a tendency is increasing day-by-day of falsely implicating near and dear
relatives of husband so as to pressurize them. So far as offence under Section
Signature Not498-A
Verifiedof IPC and Dowry Prohibition Act is concerned, the Hon'ble Supreme
Signed by: MADHU
SOODAN PRASAD Court in the matter of Rajesh Sharma and others vs. State of UP and
Signing time: 09-05-2023
10:45:54 AM
Another decided on 27-07-2017 (CRA No. 1265 of 2017) has judicially
acknowledged the misuse of provisions of aforesaid Section 498-A of IPC and
Dowry Prohibition Act. By relying on the judgments passed by the Hon'ble
Supreme Court in the case of Kans Ra vs. State of Punjab (2000) 5 SCC
207, Geeta Mehrotra vs. State of UP (2012) 10 SCC 741 and Preeti
Gupta vs. State of Jharkhand (2010) 7 SCC 667, it is contended that
allegations made against petitioners are wholly omnibus and have apparently
been made to falsely implicate them. A tendency is increasing in the society to
falsely and over-implicate the relatives of husband so as to pressurize.
Therefore, aforesaid FIR against the petitioners be quashed.
Learned counsel for the State as well as learned counsel for respondent
No.2 have vehemently opposed the submissions of learned counsel for the
petitioners.
The Hon'ble Apex Court in the case of Kans Raj (supra) has observed
that a tendency has developed for roping in all relations of the husband on the
part of the wife. Mere naming them in the FIR is not enough to summon them in
the absence of any specific role and material to support such role. Similarly, in
the case of Geeta Mehrotra (supra), Hon'ble Apex Court has observed that
if in a case of dowry related offences, the names of husband's relatives are
casually mentioned in the FIR and the contents of it, do not disclose their active
involvement, cognizance of matter against them would not be justified. Further,
in the matter of Preeti Gupta (supra), the Hon'ble Apex Court has observed
that it is a matter of common experience that most of complaints under Section
498-A of IPC are filed in the heat of moment over trivial issues without proper
Signature Not Verified
deliberations and therefore, such complaints are not even bone fide and are filed
Signed by: MADHU
SOODAN PRASAD
Signing time: 09-05-2023
10:45:54 AM
with oblique motive.
If the entire facts and circumstances of the case along with allegations
made against the petitioners are considered in the light of aforesaid judgments
passed by the Hon'ble Apex Court, then it is clear that only vague and omnibus
allegations have been made against them. Since the petitioners are living
separately, therefore, their case stand on a different footing than that of the
husband and other co-accused. There is no specific allegation against them.
Only vague and omnibus allegations cannot be treated as sufficient material to
prosecute them who otherwise do not have anything to do with family affairs of
the husband of the deceased.
Accordingly, FIR crime No.27/2021 registered at police Station, Mahila
Police Station Bhind, Distt. Bhind, for the offence punishable under Sections
498-A, 34 of IPC and Sections 3/4 of the Dowry Prohibition Act as well as its
subsequent criminal proceedings are hereby quashed against the petitioners.
With the aforesaid, this petition stands allowed and disposed of.
(DEEPAK KUMAR AGARWAL)
JUDGE
ms/-
Signature Not Verified
Signed by: MADHU
SOODAN PRASAD
Signing time: 09-05-2023
10:45:54 AM
