Achin Gupta V State of Haryanawatermark 1614012
Achin Gupta V State of Haryanawatermark 1614012
Achin Gupta V State of Haryanawatermark 1614012
IN
VERSUS
JUDGMENT
J. B. PARDIWALA, J.:
1. Leave granted.
2. This appeal arises from the judgment and order passed by the High Court
of Punjab & Haryana dated 05.04.2022 in the Criminal Main No. 14198-2022
chargesheet) by which the High Court rejected the petition & thereby declined
to quash the chargesheet dated 13.10.2021 for the offences punishable under
Section 323, 406, 498A and 506 of the Indian Penal Code, 1860 (for short, the
“IPC”) arising from the First Information Report No. 95 of 2021 lodged by the
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Respondent No. 2 (wife of the Appellant) at the Urban Estate Hisar Police
FACTUAL MATRIX
“1. That the First Informant Tanu Gupta wife of Achin Gupta
and daughter of Harish Manocha, is a resident of House
No.1368, Urban Estate - 2, Hisar, Tehsil and District Hisar
and is a peace loving and law abiding woman and my
marriage was solemnized according to Hindu rites and
rituals with Accused No.1 on 09.10.2008 at New Delhi. My
family had spent about thirty lakhs rupees in my
engagement ceremony and marriage as per the direction of
the accused persons towards furniture, jewellery, clothes
and other household articles. At the time of marriage, my
family handed over all her jewellery and stridhan to the
accused persons saying that it is the stridhan of the first
informant and whenever the first informant will need her
stridhan, it has to be given back to her whereupon the
accused persons assured the family of the first informant
that whenever the first informant will need it, they will give
it back to her.
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to come along with panchas of the society and sat with the
Accused persons and in every meeting at least something
was given to the Accused persons but the Accused persons
neither left their demand for dowry nor they changed their
behaviour.
11. That when the first informant was at her matrimonial house
she was posted on the post of Assistant Professor in a
college at Delhi but Accused No. 1 to 3 used to snatch the
whole salary of the first informant and even did not give
pocket money to the first informant. Whenever the first
informant demanded pocket money from Accused No. 1 he
used to beat her and said that you take your expenses from
your family. It is pertinent to mention here that even after
the marriage the family of the first informant many times
gave pocket money and money for other expenses. Before
going for her job the first informant used to do all
household work and prepared lunch after waking up early
in the morning and then she went to the college and after
returning in the evening she used to do all household work.
13. That in 2014, the first informant came to know that her
husband Respondent No.1 is in illicit relationship with
Vandana Sharma and when the first informant objected to
this Accused No. 1 used to abuse and beat her and used to
threaten that if you will tell this fact to anyone, I will kill
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14. That even after this Accused No. 1 used to talk with
Vandana Sharma on phone and also met with her. While the
first informant was at her matrimonial house, Accused No.1
filed a Divorce Petition on 25.07.2019 and which was filed
on the basis of false and baseless grounds. In the said case
when on 10.08.2019 a summon came at 6:30 in the
morning, Accused No. 1 and 2 forcibly got the summons
signed by the first informant and said that now we do not
need you anymore and when the first informant objected to
this, they had beaten the first informant. Thereafter the first
informant called her father on phone and called him at her
matrimonial house. Thereafter my family members came to
my matrimonial house. Thereafter on 10.08.2019 the first
informant filed an application against the Accused persons
at Ranholla police station, Delhi and after that the first
informant came to her parental house alongwith her father.
Thereafter as per the order of the court the first informant
again started living with Accused No. 1 at her matrimonial
house.
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16. That in this way, the Accused persons have ignored the first
informant due to their dowry demand and they have even
not returned the first informant her stridhan and are
threatening that if without fulfilling their demand of dowry,
the first informant comes to their house, they will kill her.
Thus, by giving this complaint, a request is being made to
take immediate action against the accused persons for
demanding dowry, giving beatings and threatening me to
kill and my stridhan be recovered from the accused
persons. It will be so kind of you.”
4. The plain reading of the aforesaid FIR would indicate that the Appellant
and his family members are alleged to have demanded dowry and thereby
caused mental and physical trauma to the First Informant. As stated in the FIR,
the family of the First Informant had spent a large sum at the time of marriage
and had also handed over her ‘stridhan’ to the Appellant and his family.
However, shortly after marriage, the Appellant and his family started harassing
the First Informant on the false pretext that she had failed to discharge her
duties as a wife and daughter-in-law and also pressurised her for some more
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his hands on the First Informant and treat her inhumanely. Allegedly, upon
complaining to the Appellant’s father and mother (Accused Nos. 2 & 3 in the
FIR), they would take the side of their son i.e., the Appellant herein and would
5. The First Informant has further alleged that her sister-in-law (Accused
No. 4 in the FIR) used to harass her for a diamond set & would threaten that
failing to get one, she would be driven out of her matrimonial home.
6. The First Informant was serving as an Assistant Professor and has alleged
that the Appellant and his family would keep her entire salary. The Appellant
would assault her whenever she would ask for money, saying that the First
7. It is also alleged that the Appellant was having an extra marital affair with
one another woman, and he would threaten the First Informant with dire
consequences had she told anyone of his affair. The Appellant continued with
the extra marital affair for a long period & later filed a divorce petition in July
8. It is further alleged that during the initial days of the Covid-19 lockdown,
the Appellant disconnected the water supply at their matrimonial home and took
away their minor son. In such circumstances, the First Informant was left with
no option but to leave her matrimonial home and return to her parents. Efforts
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were made for some settlement however the Appellant and his family kept on
insisting for more dowry and also refused to return her stridhan.
9. Upon the FIR referred to above being registered, the police carried out
the investigation & proceeded to file chargesheet dated 13.10.2021, only against
the Appellant herein. A closure report was filed against the remaining 4 accused.
10. The Appellant herein went before the High Court, with a quashing
petition for the purpose of getting the criminal proceedings quashed. The High
Court vide its judgment & order dated 05.04.2022 (‘impugned order’),
under Section 482 of the Criminal Procedure Code, 1973 (for short, the
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11. In view of the aforesaid, the Appellant is before this Court with the
present appeal.
12. Mr. Yusuf, the learned counsel appearing for the Appellant herein made
The Appellant and his family had filed a divorce petition and also a
domestic violence case against the First Informant in 2019 and 2020
respectively. As a counter blast to the same, the FIR No. 95 of 2021 dated
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the date the First Informant left her matrimonial home and that too, only
towards the Appellant. The First Informant and Appellant were married
INFORMANT/RESPONDENT NO. 2
13. Mr. Parveen Kumar Aggarwal, the learned counsel appearing for the First
dowry after the marriage. They used to beat the First Informant and take
towards her maintenance and also disconnected the basic facilities such as
water connection etc., leaving her with no option but to leave the
save the marriage, she kept quiet and did not inform about it to the others.
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The domestic violence case filed against the First Informant is absolutely
14. Mr. Chritarth Palli, the learned counsel appearing on behalf of the State
ANALYSIS
15. Having heard the learned counsel appearing for the parties and having
gone through the materials on record, the only question that falls for our
16. The Appellant and the Respondent No. 2 got married in October 2008.
The couple lived together for more than a decade and in the wedlock a child
17. We take notice of the fact that the Appellant filed a divorce petition in
July 2019 on the ground of cruelty. The divorce petition was withdrawn as the
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Appellant was finding it difficult to take care of his child, while travelling all
the way to Hisar on the dates fixed by the Court. The Appellant’s mother had to
file a domestic violence case against the First Informant in October 2020 under
the provisions of the Protection of Women from Domestic Violence Act, 2005.
18. The plain reading of the FIR and the chargesheet papers indicate that the
allegations levelled by the First Informant are quite vague, general and
note that in the FIR no specific date or time of the alleged offence/offences has
been disclosed. Even the police thought fit to drop the proceedings against the
other members of the Appellant’s family. Thus, we are of the view that the FIR
lodged by the Respondent No. 2 was nothing but a counterblast to the divorce
19. It is also pertinent to note that the Respondent No. 2 lodged the FIR on
09.04.2021, i.e., nearly 2 years after the filing of the divorce petition by the
Appellant and 6 months after the filing of the domestic violence case by her
mother-in-law. Thus, the First Informant remained silent for nearly 2 years after
the divorce petition was filed. With such an unexplained delay in filing the FIR,
we find that the same was filed only to harass the Appellant and his family
members.
20. It is now well settled that the power under Section 482 of the Cr.P.C. has
to be exercised sparingly, carefully and with caution, only where such exercise
is justified by the tests laid down in the Section itself. It is also well settled that
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Section 482 of the Cr.P.C. does not confer any new power on the High Court but
only saves the inherent power, which the Court possessed before the enactment
of the Criminal Procedure Code. There are three circumstances under which the
under the Code, (ii) to prevent abuse of the process of Court, and (iii) to
21. The investigation of an offence is the field exclusively reserved for the
Police Officers, whose powers in that field are unfettered, so long as the power
compliance with the provisions under Chapter XII of the Cr.P.C.. While
exercising powers under Section 482 of the Cr.P.C., the court does not function
the Section, although wide, yet should be exercised sparingly, carefully and with
caution and only when such exercise is justified by the tests specifically laid
substantial justice for the administration of which alone courts exist. The
authority of the court exists for advancement of justice and if any attempt is
made to abuse that authority so as to produce injustice, the court has the power
to prevent such abuse. It would be an abuse of process of the court to allow any
exercise of the powers, the court would be justified to quash any proceeding if it
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justice. When no offence is disclosed by the complaint, the court may examine
to look into the materials to assess what the complainant has alleged and
whether any offence is made out even if the allegations are accepted in toto.
22. Once the investigation is over and chargesheet is filed, the FIR pales into
insignificance. The court, thereafter, owes a duty to look into all the materials
nothing in the words of Section 482 of the Cr.P.C. which restricts the exercise of
the power of the court to prevent the abuse of process of court or miscarriage of
justice only to the stage of the FIR. It would be a travesty of justice to hold that
the proceedings initiated against a person can be interfered with at the stage of
23. In R.P. Kapur v. State of Punjab reported in AIR 1960 SC 866, this
Court summarised some categories of cases where inherent power can, and
24. This Court, in the case of State of A.P. v. Vangaveeti Nagaiah, reported
in (2009) 12 SCC 466 : AIR 2009 SC 2646, interpreted clause (iii) referred to
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conduct, it is nothing but abuse of the process of the court. The court owes a
find out, prima facie, whether there is any grain of truth in the allegations or
whether they are made only with the sole object of involving certain individuals
matrimonial dispute.
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27. In the aforesaid context, we may refer to and rely upon the decision of
this Court in the case of Arnesh Kumar v. State of Bihar, (Criminal Appeal No.
1277 of 2014, decided on 2nd July, 2014). In the said case, the petitioner,
apprehending arrest in a case under Section 498A of the IPC and Section 4 of
the Dowry Prohibition Act, 1961, prayed for anticipatory bail before this Court,
having failed to obtain the same from the High Court. In that context, the
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28. In the case of Geeta Mehrotra & Anr. v. State of U.P. reported in (2012)
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29. The learned counsel appearing for the Respondent No. 2 as well as the
learned counsel appearing for the State submitted that the High Court was
reliability of the allegations in exercise of its inherent power under Section 482
cognizable offence then whether they are true or false should be left to the trial
court to decide.
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30. In the aforesaid context, we should look into the category 7 as indicated
by this Court in the case of Bhajan Lal (supra). The category 7 as laid reads
thus: -
into consideration and applied in a case like the one on hand a bit liberally. If
the Court is convinced by the fact that the involvement by the complainant of
her husband and his close relatives is with an oblique motive then even if the
FIR and the chargesheet disclose the commission of a cognizable offence the
Court with a view to doing substantial justice should read in between the lines
the oblique motive of the complainant and take a pragmatic view of the matter.
If the submission canvassed by the counsel appearing for the Respondent No. 2
and the State is to be accepted mechanically then in our opinion the very
conferment of the inherent power by the Cr.P.C. upon the High Court would be
rendered otiose. We are saying so for the simple reason that if the wife on
account of matrimonial disputes decides to harass her husband and his family
members then the first thing, she would ensure is to see that proper allegations
are levelled in the First Information Report. Many times the services of
professionals are availed for the same and once the complaint is drafted by a
legal mind, it would be very difficult thereafter to weed out any loopholes or
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other deficiencies in the same. However, that does not mean that the Court
should shut its eyes and raise its hands in helplessness, saying that whether true
or false, there are allegations in the First Information Report and the chargesheet
as levelled, more particularly in the case like the one on hand, are to be looked
into or considered then why the investigating agency thought fit to file a closure
report against the other co-accused? There is no answer to this at the end of the
learned counsel appearing for the State. We say so, because allegations have
been levelled not only against the Appellant herein but even against his parents,
brother & sister. If that be so, then why the police did not deem fit to file
chargesheet against the other co-accused? It appears that even the investigating
agency was convinced that the FIR was nothing but an outburst arising from a
matrimonial dispute.
32. Many times, the parents including the close relatives of the wife make a
mountain out of a mole. Instead of salvaging the situation and making all
possible endeavours to save the marriage, their action either due to ignorance or
on account of sheer hatred towards the husband and his family members, brings
about complete destruction of marriage on trivial issues. The first thing that
comes in the mind of the wife, her parents and her relatives is the Police, as if
the Police is the panacea of all evil. No sooner the matter reaches up to the
Police, then even if there are fair chances of reconciliation between the spouses,
trifling differences are mundane matters and should not be exaggerated and
blown out of proportion to destroy what is said to have been made in the
heaven. The Court must appreciate that all quarrels must be weighed from that
always keeping in view the physical and mental conditions of the parties, their
character and social status. A very technical and hyper sensitive approach would
disputes the main sufferers are the children. The spouses fight with such venom
in their heart that they do not think even for a second that if the marriage would
come to an end, then what will be the effect on their children. Divorce plays a
very dubious role so far as the upbringing of the children is concerned. The only
reason why we are saying so is that instead of handling the whole issue
delicately, the initiation of criminal proceedings would bring about nothing but
hatred for each other. There may be cases of genuine ill-treatment and
harassment by the husband and his family members towards the wife. The
machinery should be resorted to as a measure of last resort and that too in a very
utilised for the purpose of holding the husband at ransom so that he could be
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506(2) and 323 of the IPC. Every matrimonial conduct, which may cause
annoyance to the other, may not amount to cruelty. Mere trivial irritations,
quarrels between spouses, which happen in day-to-day married life, may also
as under: -
34. What constitutes cruelty in matrimonial matters has been well explained
35. In one of the recent pronouncements of this Court in Mahmood Ali &
Ors. v. State of U.P & Ors., 2023 SCC OnLine SC 950, authored by one of us
(J.B. Pardiwala, J.), the legal principle applicable apropos Section 482 of the
CrPC was examined. Therein, it was observed that when an accused comes
before the High Court, invoking either the inherent power under Section 482
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get the FIR or the criminal proceedings quashed, essentially on the ground that
Court owes a duty to look into the FIR with care and a little more closely. It was
further observed that it will not be enough for the Court to look into the
whether the necessary ingredients to constitute the alleged offence are disclosed
or not as, in frivolous or vexatious proceedings, the court owes a duty to look
into many other attending circumstances emerging from the record of the case
over and above the averments and, if need be, with due care and
36. For the foregoing reasons, we have reached to the conclusion that if the
criminal proceedings are allowed to continue against the Appellant, the same
will be nothing short of abuse of process of law & travesty of justice. This is a
fit case wherein, the High Court should have exercised its inherent power under
Section 482 of the Cr.P.C. for the purpose of quashing the criminal proceedings.
37. Before we close the matter, we would like to invite the attention of the
Legislature to the observations made by this Court almost 14 years ago in Preeti
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of the Bharatiya Nyaya Sanhita, 2023, which is to come into force with effect
from 1st July, 2024 so as to ascertain whether the Legislature has seriously
looked into the suggestions of this Court as made in Preeti Gupta (supra).
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Cruelty defined.
the IPC. The only difference is that the Explanation to Section 498A of the IPC,
Sanhita, 2023.
40. We request the Legislature to look into the issue as highlighted above
taking into consideration the pragmatic realities and consider making necessary
41. In the result, the appeal succeeds and is hereby allowed. The impugned
judgment and order passed by the High Court is hereby set aside.
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dated 09.04.2021, pending in the Court of Judicial Magistrate, First Class, Hisar
44. We direct the Registry to send one copy each of this judgment to the
Union Law Secretary and Union Home Secretary, to the Government of India
who may place it before the Hon’ble Minister for Law and Justice as well as the
…………………………………..J.
(J.B. Pardiwala)
………………………………….J.
(Manoj Misra)
New Delhi;
Date: 3rd May, 2024.
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