IN THE HIGH COURT OF JUDICATURE AT PATNA
CRIMINAL MISCELLANEOUS No.20679 of 2015
Arising Out of PS. Case No.-457 Year-2014 Thana- GAYA COMPLAINT CASE District-
Gaya
1. Tara Khatoon wife of late Syed Mahfuz -UI- Haque
2. Sayed Fazal UI-Haque son of Late Syed Mahfuz-UI-Haque, Both Resident
of Village- Abgila, P.S – Muffasil, district- Gaya
3. Gazala Praveen wife of Nasibul Hussain Both Resident of Village- Abgila,
P.S – Muffasil, district- Gaya
… … Petitioner/s
Versus
1. The State Of Bihar
2. Sayeda Zainab wife of Sayed Kashif UI- Haque Resident of Village- Abgila,
P.S – Muffasil, district- Gaya
… … Opposite Party/s
Appearance :
For the Petitioner/s : Mr.Gautam Kumar Kejriwal, Adv
: Mr. Alok Kumar Jha, Adv.
: Mr. Pawan Kumar Singh, Adv
For the State : Mr. Shyam Kumar Singh, APP
For the Opposite Party No.2: Mr.Madanjeet Kumar, Adv
CORAM: HONOURABLE MR. JUSTICE BIRENDRA KUMAR
ORAL JUDGMENT
Date : 13-08-2019
Heard learned counsel for the parties.
2. The petitioners are accused in Complaint Case
No.457 of 2014 wherein cognizance has been taken for offences
under Sections 498A and Section406 I.P.C. as well as under Section 4 of
Dowry Prohibition Act on the complaint of opposite party No.2-
Sayeda Zainab, wife of Sayed Kashiful Haque.
3. The relations of the husband are petitioners herein.
They have challenged the order of cognizance dated 02.03.2014 on
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the ground that the entire general and omnibus allegation is result
of malicious and vexatious prosecution arising out of dispute of
compatibility between the husband and wife.
4. Contention is that even in the complaint petition, it
is mentioned that opposite party No.2 got suspicion that her
husband had some affairs with the known girl and they were bent
upon to marry with each other. When she complained to the family
members, i.e., the petitioners, they simply set aside her grievance
by saying that the husband of opposite party No.2 is doing job
abroad. Hence, affairs with other girl is natural phenomenon. Next
contention is that husband has already brought Matrimonial Suit
No.361 of 2013 before the learned Principal Judge, Family Court,
Gaya for restitution of conjugal rights under Section 281 of the
Mohammden Law. After filing of that petition and knowledge of
the same to opposite party No.2, the present complaint petition
was filed in the year 2014. In the complaint petition itself, it is off
and on stated that all the accused person including the petitioners
in ‘one voice’ demanded more dowry and teased her by words for
non-fulfillment of dowry demand. It is specifically mentioned that
on 07.03.2011, money was paid to the bank account of the
husband. Contention is that the husband might have been asking
for money and money was paid to him but the petitioners had no
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concern with them. Contention is that the rising trend of
implicating the family members whenever matrimonial dispute
arises was taken note of by the Hon’ble Supreme Court in the case
of Preeti Gupta Anr Vs. State of Jharkhand and Anr,
(2010)7 SCC 667, when the criminal proceeding was quashed
against the relations of the husband.
5. On the other hand learned counsel for the opposite
party No.2 submits that at the stage of cognizance, maticulous
appreciation of evidence is not permissible and once court has
taken cognizance, this Court should not interfere in exercise of
extraordinary jurisdiction under Section 482 Cr.P.C. in a casual
manner. Each and every case cannot, as a matter of rule, be
labelled with false and malicious implication of family members.
6. So far factual aspect of this case is concerned, two
things are apparent. First, that husband brought a suit for
restitution of conjugal right against opposite party No.2 prior to
filing of the present complaint petition which goes to show that
matrimonial discord was going on between the spouse. Second that
the allegation of demand of dowry and torture is general and
omnibus by making allegation that all demanded more dowry in
one voice. The husband of opposite party No.2 is not a petitioner
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herein in whose bank account money was deposited by the father
of opposite party No.2.
7. In the case of Preeti Gupta (Supra), the Hon’ble
Supreme Court noted that “it is a matter of common experience
that most of these complaints under Section 498A IPC are filed in
the heat of the moment over trivial issues without proper
deliberations. We come across a large number 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”.
“Unfortunately, at the time of filing of the complaint the
implications and consequences are not properly visualised by the
complainant that such complaint can lead to insurmountable
harassment, agony and pain to the complainant, accused and his
close relations.”
8. Para 35 to 37 of the judgment are reproduced
below:
35. ” The ultimate object of justice is to find out
the truth and punish the guilty and protect the
innocent. To find out the truth is a herculean
task in majority of these complaints. The
tendency of implicating husband and all his
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times, even after the conclusion of criminal trial,
it is difficult to ascertain the real truth. The
courts have to be extremely careful and cautious
in dealing with these complaints and must take
pragmatic realities into consideration while
dealing with matrimonial cases. The allegations
of harassment of husband’s close relations who
had been living in different cities and never
visited or rarely visited the place where the
complainant resided would have an entirely
different complexion. The allegations of the
complaint are required to be scrutinized with
great care and circumspection.
36. Experience reveals that long and
protracted criminal trials lead to rancour,
acrimony and bitterness in the relationship
amongst the parties. It is also a matter of
common knowledge that in cases filed by the
complainant if the husband or the husband’s
relations had to remain in jail even for a few
days, it would ruin the chances of amicable
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settlement altogether. The process of suffering is
extremely long and painful.
37. Before parting with this case, we would
like to observe that a serious relook of the entire
provision is warranted by the legislation. It is
also a matter of common knowledge that
exaggerated versions of the incident are
reflected in a large number of complaints. The
tendency of over implication is also reflected in
a very large number of cases. The criminal trials
lead to immense sufferings for all concerned.
Even ultimate acquittal in the trial may also not
be able to wipe out the deep scars of suffering of
ignominy. Unfortunately a large number of these
complaints have not only flooded the courts but
also have led to enormous social unrest
affecting peace, harmony and happiness of the
society. It is high time that the legislature must
take into consideration the pragmatic realities
and make suitable changes in the existing law. It
is imperative for the legislature to take into
consideration the informed public opinion and
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the pragmatic realities in consideration and
make necessary changes in the relevant
provisions of law.”
9. Considering the factual matrix of this case as
discussed above as well as the observation of the Hon’ble Supreme
Court in Preeti Gupta Case (Supra), in my view, compelling the
petitioners to face trial would amount to abuse of the process of
the Court in view of the vague allegations levelled against the
petitioners who are relations of the husband. Hence, the impunged
order and entire subsequent proceeding arising out of the
impugned order stands quashed and this application stands
allowed.
(Birendra Kumar, J)
Nitesh/-
AFR/NAFR NAFR
CAV DATE NA
Uploading Date 16.08.2019
Transmission Date 16.08.2019