LexDARA LAKSHMI NARAYANA & OTHERS versus STATE OF TELANGANA & ANOTHER
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[2024] 12 S.C.R. 559 : 2024 INSC 953 Dara Lakshmi Narayana & Others v. State of Telangana & Another (Criminal Appeal No. 5199 of 2024) 10 December 2024 [B.V. Nagarathna* and Nongmeikapam Kotiswar Singh, JJ.] Issue for Consideration In the facts and circumstances of the case and after examining the FIR, whether the High Court was correct in refusing to quash the ongoing criminal proceedings against the appellants under Section 498A of the IPC and Sections 3 and 4 of the Dowry Act. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Penal Code, 1860 – s.498A – Dowry Prohibition Act, 1961 – ss.3, 4 – Refusal to quash criminal proceedings, when not justified – FIR lodged by respondent No.2-wife against appellants under Section 498A, IPC and Sections 3 and 4, Dowry Act – Appellants sought quashing of the criminal proceedings – Refused by High Court – Challenge to: Held: Respondent No.2 left the matrimonial house after quarrelling with appellant No.1-husband with respect to her interactions with a third person in their marriage – Later, she came back assuring to have a cordial relationship however, once again left the matrimonial house – Complaint under Section 498A, IPC was lodged by the respondent No.2 as a counterblast to the petition for dissolution of marriage sought by the appellant No.1 – No substantial and specific allegations were made against appellant Nos.2 to 6 (family members of appellant No.1) other than stating that they used to instigate appellant No.1 for demanding more dowry – Allegations against the appellants were vague and omnibus, too far-fetched and not believable – Appellant Nos.2 to 6 were living in different cities and admittedly, never resided with the couple and their children – FIR filed by respondent No.2 was initiated with ulterior motives and is not a genuine complaint rather it is a retaliatory measure intended to settle scores with appellant No.1 and his family members – Present case falls within category (7) * Author 560 [2024] 12 S.C.R. Digital Supreme Court Reports of illustrative parameters highlighted in Bhajan Lal case – High Court erred in not exercising the powers under Section 482, CrPC – Impugned order set aside – Quashing petition allowed – FIR under Section 498A, IPC and Sections 3 and 4, Dowry Act, chargesheet and the trial pending against the appellants, quashed. [Paras 21, 22, 24-26, 29, 32, 33] Penal Code, 1860 – s.498A – Growing misuse of, to seek compliance with the unreasonable demands of a wife – Matrimonial discords – Implication of all the members of the husband’s family without specific allegations indicating their active involvement – Generalised and sweeping accusations unsupported by concrete evidence – Practice deprecated – Cautioned against prosecuting the husband and his family in the absence of a clear prima facie case. Words and Phrases – ‘Cruelty’ – Penal Code, 1860 – s.498A – Discussed. Case Law Cited State of Haryana v. Bhajan Lal [1990] Supp. 3 SCR 259 : (1992) Supp. 1 SCC 335; G.V. Rao v. L.H.V. Prasad [2000] 2 SCR 123 : (2000) 3 SCC 693; Preeti Gupta v. State of Jharkhand [2010] 9 SCR 1168 : (2010) 7 SCC 667 – relied on. Arnesh Kumar v. State of Bihar [2014] 8 SCR 128 : (2014) 8 SCC 273 – referred to. List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860; Dowry Prohibition Act, 1961. List of Keywords Quashing; Refusal to quash; FIR; Ongoing criminal proceedings; Complaint under Section 498A, IPC; Matrimonial house/home; Counterblast; Petition for dissolution of marriage; Family members of husband; No substantial and specific allegations; Harassment of innocent family members; Family members living in different cities; Instigate; No harassment for dowry; Allegations vague and omnibus; Matrimonial dispute/discord; Domestic disputes; Ulterior motives; Cruelty; Not a genuine complaint; Retaliatory measure; Settle scores/ grudges; Abuse of Court’s process; Mere reference to the names of [2024] 12 S.C.R. 561 Dara Lakshmi Narayana & Others v. State of Telangana & Another family members; Without active involvement; Tendency to implicate all the members of the husband’s family; Generalised and sweeping accusations; Misuse of legal provisions and legal process. Case Arising From CRIMINAL APPELLATE JURISDICTION: Special Leave Petition (Criminal) No. 16239 of 2024 From the Judgment and Order dated 16.02.2022 of the High Court for the State of Telangana at Hyderabad in CRLP No. 1479 of 2022 Ap
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