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SUPREME COURT OF INDIA
ACHIN GUPTA – Appellant
Versus
THE STATE OF HARYANA – Respondent
Crl.A. No.-002379-002379 - 2024
Key Points: - The judgment holds that vague and general allegations in matrimonial disputes should not lead to criminal prosecution, viewing such FIRs as abuse of process. (!) (!) (!) - It emphasizes that inherent powers under Section 482 Cr.P.C. are to be exercised sparingly and to scrutinize allegations for bona fides, particularly in matrimonial disputes. (!) (!) - It sets out the seven illustrative categories from Bhajan Lal for when inherent power may be exercised to quash proceedings, including cases where the allegations do not constitute an offence or where there is mala fide or oblique motive. (!) (!) (!) (!) (!) (!) (!) - It discusses the need to read between the lines and consider attending circumstances to determine abuse of process or ends of justice, especially in cases arising from matrimonial disputes. (!) (!) (!) (!) - It notes that quashing of FIR is an exception and should be considered when continuation would amount to abuse of process or injustice, and when no cognizable offence is disclosed on bare reading of allegations. (!) (!) (!) - It recognizes the potentially oblique motive in filing a FIR as counterblast to divorce and domestic violence actions, justifying careful scrutiny of factual materials beyond FIR content. (!) (!) (!) (!)
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 (CRM-M-14198-2022) filed by the Appellant herein (sole accused in the 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 Date: 2024.05.03 14:17:23 IST Reason:
Respondent No. 2 (wife of the Appellant) at the Urban Estate Hisar Police Station, District Hisar.
3. The FIR dated 09.04.2021 reads thus: - “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.
2. That after the marriage, the first informant and Accused No.1 lived as husband and wife at B-39, Phase-2, Vikas Nagar, Hastsaal, Uttam Nagar, New Delhi 110059 and the first informant performed all the duties of a wife and out of the said wedlock a boy, namely, Advay aged 8 years was born, who is presently residing with Accused No.1.
3. That after few days of the marriage, when the first informant went to her matrimonial house at that time the Accused persons taunted that your family has lowered down our image in the society and before relatives by giving less dowry and said to the first informant that at least your family should have given a big car in the dowry because Accused No.1 is doing a good job and almost earns Rs. 1,50,000/- monthly and for him, we were getting proposal from rich families who would have spent cores of rupees on the marriage. On this the first informant said that her family had already given 5 lakhs rupees in cash for purchasing the car and have already spent more than their capability and now they cannot fulfil your demand for more dowry whereupon accused persons threatened the first informant saying that if you want to live with us then you have to get our above demand for the dowry fulfilled by your parents otherwise you will not be allowed to live in this house.
4. That whenever the first informant cooked food in the matrimonial home, the accused persons always used to point out unnecessary defects in the food and taunted the first informant that she does not know cooking. To harass and upset the first informant, the accused persons deliberately asked her to make various dishes and when the first informant showed her inability, the accused persons used to abuse and beat her.
5. That Accused No.3 is the mother-in-law of the first informant, who is a teacher and she used to leave the house at 7:00 hrs in the morning for the school and the first informant used to do all household works and when her mother-in-law returned from the school, she deliberately used to point out defects in her work and used to taunt the first informant that your family should have given gold bangles to me and now, you would have to bring gold bangles from your family and when the first informant tell her that her family had already spent a lot over her marriage, then she used to ab
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