IMPORTANT POINT
Dowry offences – Criminal case cannot proceed on general and omnibus allegations.

JUDGMENT

SATISH CHANDRA SHARMA, J.

1. Leave Granted.

2. The present appeal is arising out of order dated 31.08.2022 passed by the High Court of Judicature at Allahabad in an application under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”) being Application under Section 482 No. 23358 of 2022, whereby the High Court has dismissed the quashing application preferred by the present Appellants for quashing of the Chargesheet dated 02.02.2022 and the cognizance order dated 28.03.2022 passed by the Court of ACJM, Bareilly in FIR No. 733 of 2021 registered under Sections 498A, 504, 506 of the Indian Penal Code, 1860 (“IPC”) read with section 3/4 of the Dowry Prohibition Act, 1961.

3. The facts of the case reveal that marriage between Appellant No. 3 and Respondent No. 2 Priyanka Mishra was solemnized on 05.03.2016 as per Hindu rites and customs at Bareilly, Uttar Pradesh. The parties started living separately and Appellant No. 3 – Rishal Kumar preferred a Matrimonial Case No. 627(597) of 2021 for grant of decree of divorce on 17.06.2021 under Section 13 of the Hindu Marriage Act, 1955, before the Principal Judge Family Court No. 3 Bareilly, Uttar Pradesh. After the divorce suit was filed, Respondent No. 2 - Priyanka Mishra lodged a First Information Report (“FIR”) under Section 154 of the CrPC at Police Station Baradari, District Bareilly, Uttar Pradesh, for the offence punishable under Sections 498A, 354, 328, 376, 352, 504, 506 IPC and under Sections 3 and 4 of the Dowry Prohibition Act, 1961, against her husband, brother-in-law, mother-in-law and father-in-law. The investigation was conducted by Sub Inspector Reeta Tewatia and thereafter as per the directions issued by the Senior Superintendent of Police, the investigation of the case was transferred from Police Station Baradari to Police Station Kotwali, Bareilly, Uttar Pradesh, and further investigation of the case was carried out by the Sub-Inspector posted at Police Station Kotwali. After a detailed investigation in the matter, a final report was filed under Section 173 of the CrPC and the charge-sheet was filed for offences punishable under Sections 498A, 506, 504 of the IPC read with Sections 3/4 of the Dowry Prohibition Act, 1961. No charge-sheet was filed in respect of offence punishable under Section 376 IPC against the brother-in-law and it is an undisputed fact that Respondent No. 2 did not file any protest petition in the matter against dropping off of the charges under Section 376 IPC.

4. The Appellants approached the High Court of Judicature at Allahabad being aggrieved by the criminal proceedings initiated against them, and preferred a petition under Section 482 CrPC. Vide order dated 31.08.2022, the High Court of Judicature at Allahabad has dismissed the petition under Section 482 of the CrPC (“Impugned Order”).

5. The present appeal is arising out of the Impugned Order, and this Court has granted interim relief in the matter to the effect that proceedings before the trial court shall remain stayed, while issuing notice on 10.07.2024.

6. Learned counsel appearing for the Appellants has vehemently argued before this Court that Appellant No. 3 filed a matrimonial case on 17.06.2021 and the said FIR was lodged only as a counter blast on 19.08.2021 in order to harass and humiliate the entire family without there being any substance in the allegations in the FIR. It was further brought to this Court’s notice that a decree of divorce was passed in Matrimonial Case No. 627(597) of 2021, which is an ex parte decree, and thereafter the Appellant No. 3 has even re-married. He has further argued before this Court that the statement of Complainant/Respondent No. 2 was recorded under Section 164 of the Cr.P.C. before the Court of Chief Judicial Magistrate, Bareilly, Uttar Pradesh, in which she has completely deviated from the allegations made in the FIR, and therefore the FIR is false and fabricated. It has been further argued before this Court that the FIR does not inspi