LexGEDDAM JHANSI & ANR. versus THE STATE OF TELANGANA & ORS.
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[2025] 3 S.C.R. 1 : 2025 INSC 160 Geddam Jhansi & Anr. v. The State of Telangana & Ors. (Criminal Appeal No. 609 of 2025) 07 February 2025 [B.V. Nagarathna and Nongmeikapam Kotiswar Singh,* JJ.] Issue for Consideration Whether the criminal proceedings against the appellant(s) under Sections 498A, 506, Penal Code, 1860 and Sections 3 and 4, Dowry Prohibition Act, 1961; Protection of Women from Domestic Violence Act, 2005 ought to be quashed. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Quashing – Penal Code, 1860 – ss.498A, 506 – Dowry Prohibition Act, 1961 – ss.3, 4 – Complainant made specific allegations against her husband and her mother-in-law for demand of dowry and harassment – However, as regards the appellants (complainant’s mother-in-law’s younger sister and her son), the allegation was that they pressurized her to act according to her husband and her mother-in-law’s wishes – High Court declined to quash criminal proceedings against the appellants – Challenge to: Held: Impugned judgements set aside – Charges against the accused including the appellants were sought to be substantiated based on the statements of the complainant, her parents and two panchayat elders – Complainant in her complaints did not assign any specific role to the appellants concerning cruelty, the demands of dowry or her physical and mental harassment except for making a sweeping allegation without specific details – Nothing on record to show that the parents or the two witnesses witnessed any of the incidents of physical harassment of the complainant at the instance of the appellants – Statements of the Panchayat elder is based on the information provided by the complainant’s father and is hearsay evidence – No prima facie case made out against the appellants for continuing the criminal proceedings against them in the trial – Pending criminal proceedings quashed qua the two appellants – Constitution of India – Article 142. [Paras 37, 23, 40] * Author 2 [2025] 3 S.C.R. Digital Supreme Court Reports Matrimonial/domestic disputes – Criminalisation of domestic disputes, effect on the institution of family – Tendency to implicate family members/relatives – Duty of Court, discussed – In criminal cases of domestic violence, complaints and charges to be specific. [Paras 31-35] Case Law Cited State of Haryana and Ors. v. Bhajan Lal and Ors. [1992] Supp. 3 SCR 735 : (1992) 1 Supp. SCC 335; Anand Kumar Mohatta v. State (NCT of Delhi) [2018] 13 SCR 1028 : (2019) 11 SCC 706 – referred to. List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860; Dowry Prohibition Act, 1961; Protection of Women from Domestic Violence Act, 2005. List of Keywords Quashing; Cruelty; Demand for dowry; Physical and mental Harassment; Domestic violence; Harassment; Criminal intimidation; Panchayat witnesses; Identical statements of the witnesses; Generalised allegations; Matrimonial/domestic disputes; Criminal cases relating to domestic violence; Tendency to implicate family members/relatives; Institution of family; Abuse of the process of the law; Charge-sheet; Hearsay evidence. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 609 of 2025 From the Judgment and Order dated 04.04.2022 of the High Court for the State of Telangana at Hyderabad in CRLP No. 3105 of 2022 With Criminal Appeal No. 610 of 2025 Appearances for Parties Nitin Tambwekar, Seshatalpa Sai Bandaru, Shaik Mohammad Haneef, Abdul Mannan, Irshad Ahmad, Advs. for the Appellants. Ms. Devina Sehgal, Vineet George, Beno Bencigar, Parijat Kishore, Advs. for the Respondents. [2025] 3 S.C.R. 3 Geddam Jhansi & Anr. v. The State of Telangana & Ors. Judgment / Order of the Supreme Court Judgment Nongmeikapam Kotiswar Singh, J. 1. Leave granted in both the SLPs. 2. This common order disposes of both the Criminal Appeals arising out of Special Leave Petition (Criminal) No. 9556 of 2022 and Special Leave Petition (Criminal) No. 428 of 2024 as both these appeals relate to similar and connected incidents. 3. Special Leave Petition (Criminal) No. 9556 of 2022 was filed against the judgement and order dated 04.04.2022 passed by the Ld. Single Bench of the High Court for the State of Telangana in Criminal Petition No. 3105 of 2022 whereunder the High Court declined to quash the criminal proceedings in C.C. No. 46 of 2022 under Section 498A, 506 Indian Penal Code (for short “IPC”) and Sections 3 and 4 of the Dowry Prohibition Act,
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