LexDIGAMBAR AND ANOTHER versus THE STATE OF MAHARASHTRA AND ANOTHER
Open in Lexace · Ask the AI about this caseJudgment (excerpt)
[2024] 12 S.C.R. 1533 : 2024 INSC 1019 Digambar and Another v. The State of Maharashtra and Another (Criminal Appeal No. 5542 of 2024) 20 December 2024 [B.R. Gavai* and K.V. Viswanathan, JJ.] Issue for Consideration Whether the High Court should have exercised its inherent powers u/s.482 of the Cr.P.C. to quash the criminal proceedings u/ss.498-A, 312, 313 and 34 of the Penal Code, 1860. Headnotes† Penal Code, 1860 – ss.498-A, 312, 313 and 34 – The complainant filed FIR against her husband and her parents-in-law (appellants) u/ss.498-A, 312, 313 and 34 of the Penal Code, 1860 – The appellants along with their son filed a criminal application u/s.482 of the Cr.P.C. praying for quashing and setting aside of the FIR before the High Court – The said application was dismissed by the High Court – During the pendency of appeals before the Supreme Court, son of the appellants herein expired, therefore his appeal was disposed of as abated: Held: The ingredients for an offence to be made out u/s.498-A of IPC require that there has to be cruelty inflicted against the victim which either drives her to commit suicide or cause grave injury to herself or lead to such conduct that would cause grave injury or danger to life, limb or health – The second part of this Section refers to harassment with a view to satisfy an unlawful demand for any property or valuable security raised by the husband or his relatives – In the present case, no allegations which would fulfill the requirement of the second part are found – As far as first part of the section is concerned, the allegations levelled in the FIR do not reveal the existence of any such allegations – The only allegation that referred to an injury being inflicted against the complainant is a vague statement that the son of the appellants herein used to beat her, but there is no specific allegation of any such injury *Author 1534 [2024] 12 S.C.R. Supreme Court Reports being caused by the appellants herein – In the latter half of the FIR, it is alleged that the complainant was given poisonous food by the appellants herein and was coerced into consuming the same – This led to the miscarriage – Through the perusal of the statement of the doctor, it is revealed that the complainant herself stated that the pregnancy was revealed to her when she tested it herself using a pregnancy testing kit and this was stated to be seven days before her visit to the hospital, i.e. on the day of the alleged incident – It is mentioned in the FIR that the complainant used to live in a separate house due to the alleged harassment by the appellants and their son – Furthermore, there is not even a whisper in the FIR about the complainant conveying the news of the pregnancy to the appellants or their son – It is unusual that when the allegations u/ss.312 and 313 of IPC are levelled against the appellants, such an important fact surrounding her pregnancy and its knowledge to the appellants is not to be found in the FIR – Furthermore, the complaint was lodged after the notice of Divorce was given by the complainant, wherein, there was no allegation of the cruelty or the miscarriage caused by the appellants – These facts lead to conclude that the proceedings were initiated with an ulterior motive of pressurizing the son of the appellant herein to consent to the divorce according to the terms of the complainant and the proceedings were used as a weapon by the complainant in the personal discord between the couple – Thus, this was a fit case wherein the High Court should have exercised its inherent powers u/s.482 of the Cr.P.C. to quash the criminal proceedings. [Paras 18, 23, 24, 27, 29, 31, 32, 36] Case Law Cited Dara Lakshmi Narayana and Others v. State of Telangana and Another, 2024 INSC 953 : [2024] 12 SCR 559 : 2024 SCC OnLine SC 3682; Jayedeepsinh Pravinsinh Chavda and Others v. State of Gujarat, 2024 INSC 960 : [2024] 12 SCR 43 : 2024 SCC OnLine SC 3679; State of Haryana and Others v. Bhajan Lal and Others, 1990 INSC 363 : [1992] Supp. 3 SCR 735 : (1992) Supp. 1 SCC 335 – referred to. List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860. [2024] 12 S.C.R. 1535 Digambar and Another v. The State of Maharashtra and Another List of Keywords Cruelty; Miscarriage; FIR quashing; Inherent power of High Court; Vague allegations; Ulterior motive of pressurizing; Divorce proceedings; Concocted complaint; Revenge; Discord between couple. Case Ari
Excerpt shown. Read the full judgment & AI analysis in Lexace.