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B. V. NAGARATHNA, UJJAL BHUYAN
Charul Shukla – Appellant
Versus
State of U. P. – Respondent
Key Points: - Supreme Court allowed appeals by sister-in-law and parents-in-law, quashing FIR No.758/2023, Chargesheet No.01/2024, and Criminal Case No.634/2025 against them due to vague, delayed, and unsubstantiated allegations (!) (!) . - Marriage occurred on 16.04.2017; FIR lodged on 15.11.2023 after over six years, with no explanation for delay, casting doubt on credibility (!) (!) (!) . - Allegations of dowry demands (Rs.8,50,000 and car), cruelty, assault causing miscarriage in July 2017, and sexual misconduct by father-in-law were vague, omnibus, and unsupported by evidence or medical records (!) (!) (!) (!) (!) . - No proof of pregnancy, miscarriage, or injuries; Section 313 IPC dropped in chargesheet; no material evidence for dowry demands or harassment (!) (!) . - Sister-in-law lived separately in Ghaziabad, employed as professor with B.Tech/M.Tech; parents-in-law (aged 71-73) resided in Kanpur, no shared household established (!) (!) (!) . - High Court dismissed quashing petition relying on FIR allegations, but Supreme Court found chargesheet lacked substance and applied Bhajan Lal guidelines (!) (!) (!) . - Vague allegations without specific details or corroboration do not prima facie constitute offences under IPC Sections 498A, 323, 354 or DP Act Sections 3/4 (!) (!) (!) (!) . - Delay of nearly seven years fatal to prosecution case, especially in matrimonial disputes lacking evidence; law aids vigilant, not dormant (!) (!) . - Complainant did not appear despite notice, drawing adverse inference; proceedings quashed to prevent abuse of process and harassment of innocents (!) (!) (!) . - Observations not to affect other matrimonial proceedings between parties (!) .
| Table of Content |
|---|
| 1. background details of the case and allegations (Para 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. high court's dismissal of quashing petition (Para 10 , 11 , 12) |
| 3. understanding of legal provisions related to allegations (Para 14 , 20 , 21) |
| 4. arguments from both sides regarding allegations and dismissal (Para 16 , 17 , 18 , 19 , 22) |
| 5. ruling on the validity and likelihood of allegations (Para 26 , 27 , 28) |
| 6. conclusion and quashing of proceedings (Para 29 , 30) |
JUDGMENT :
NAGARATHNA, J.
Leave granted.
2. The present criminal appeals have been preferred by the appellants assailing the order dated 18.12.2023 passed by the Allahabad High Court, Lucknow Bench in Criminal Miscellaneous Writ Petition No.9354 of 2023, wherein the High Court declined to quash the criminal proceedings arising out of FIR No.758 of 2023 registered at Police Station Mohammadi, District Khiri, at the instance of respondent No.4 (hereinafter referred to as “the complainant”) against the accused/appellants. The said FIR invoked offences punishable under Sections 498A, 323 and 313 of the Indian Penal Code, 1860 (hereinafter referred to as “ IPC ”), as well as Sections 3 and 4 of the Dowry Prohibition Act, 1961
Dara Lakshmi Narayana VS State of Telangana - 2025 1 Supreme 726: The provided description summarizes legal principles from the case regarding the misuse of Section 498A of IPC (Section 85 of BNS), including warnings about vague allegations, scrutiny to prevent misuse, and arm-twisting tactics. No keywords or phrases (e.g., "followed," "distinguished," "criticized," "overruled," "reversed," "abrogated") indicate any judicial treatment by subsequent decisions. The text appears to be a standalone excerpt or holding without reference to how the case itself has been treated, making the treatment unclear and ambiguous.
(1) Cruelty and dowry offences – Merely stating certain vague and omnibus allegations without any cogent material evidence to support the same should not become a fillip to jump-start criminal machin....
(1) Cruelty – Term “cruelty” cannot be established without specific instances – Mere general allegations of harassment without pointing out specifics against such persons would not be sufficient to c....
Section 498A of IPC (Section 85 of BNS) is often being misused and Court must guard against it – Making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead t....
Specific allegations are essential for prosecuting relatives in dowry cases; vague claims do not suffice.
The main legal point established in the judgment is that a complaint filed as a counter-blast, after the initiation of divorce proceedings, and lacking prior complaints or corroboration, may be consi....
Point of Law : Section 498-A IPC was introduced with avowed object to combat the menace of harassment to a woman at the hands of her husband and his relatives. The fact that Section 498-A IPC is a co....
Charges framed under Sections 498A and 323 IPC quashed due to lack of specific allegations and evidence, preventing abuse of process of law.
(1) Bharatiya Nyaya Sanhita, 2023 – Sections 85 and 86 – Matrimonial cruelty – Section 86 is nothing but verbatim reproduction of Section 498A of IPC – Legislature requested to look into the issue ta....
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