KAHKASHAN KAUSAR @ SONAM & ORS. versus STATE OF BIHAR & ORS.

Citation: [2022] 1 S.C.R. 558 · Decided: 08-02-2022 · Supreme Court of India · Bench: S. ABDUL NAZEER · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2022] 1 S.C.R.
[2022] 1 S.C.R. 558
558
KAHKASHAN KAUSAR @ SONAM & ORS.
v.
STATE OF BIHAR & ORS.
(Criminal Appeal No. 195 of 2022)
08 FEBRUARY, 2022
[S. ABDUL NAZEER AND KRISHNA MURARI, JJ.]
Penal Code, 1860: s.498-A – Purpose of enactment of s.498-
A and misuse of the said section – Discussed.
Penal Code, 1860: s.498-A – Complaint against in-laws –
Complainant alleged that ‘all accused harassed her mentally and
threatened her of terminating her pregnancy’ – No specific and
distinct allegations made against either of the accused i.e., none of
the appellants were attributed any specific role in furtherance of
the general allegations made against them – Allegations were,
therefore, general and omnibus and can at best be said to have
been made out on account of small skirmishes – Therefore, it would
be unjust if the appellants are forced to go through the tribulations
of a trial, i.e., general and omnibus allegations cannot manifest in
a situation where the relatives of the complainant’s husband are
forced to undergo trial.
Allowing the appeal, the Court
HELD: Incorporation of section 498A of IPC was aimed at
preventing cruelty committed upon a woman by her husband and
her in-laws, by facilitating rapid state intervention. However, in
recent times, matrimonial litigation in the country has also
increased significantly and there is a greater disaffection and
friction surrounding the institution of marriage, now, more than
ever. This has resulted in an increased tendency to employ
provisions such as 498A IPC as instruments to settle personal
scores against the husband and his relatives. This court has at
numerous instances expressed concern over the misuse of section
498A IPC and the increased tendency of implicating relatives of
the husband in matrimonial disputes, without analysing the long
term ramifications of a trial on the complainant as well as the
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accused. False implication by way of general omnibus allegations
made in the course of matrimonial dispute, if left unchecked would
result in misuse of the process of law. Therefore, this court by
way of its judgments has warned the courts from proceeding
against the relatives and in-laws of the husband when no prima
facie case is made out against them. In the facts of this case,
upon a perusal of the contents of the FIR, it is revealed that
general allegations are levelled against the Appellants. The
complainant alleged that ‘all accused harassed her mentally and
threatened her of terminating her pregnancy’. Furthermore, no
specific and distinct allegations have been made against either of
the appellants. This simply leads to a situation wherein one fails
to ascertain the role played by each accused in furtherance of the
offence. [Paras 12, 18, 19][563-G-H; 567-E-H; 568-A-B]
Rajesh Sharma and Ors. v. State of U.P. & Anr. (2018)
10 SCC 472; Arnesh Kumar v. State of Bihar and Anr.
(2014) 8 SCC 273 : [2014] 8 SCR 128; Preeti Gupta
& Anr. v. State of Jharkhand & Anr. (2010) 7 SCC 667
: [2010] 9 SCR 1168; Geeta Mehrotra & Anr. v. State
of UP & Anr. (2012) 10 SCC 741: [2012] 9 SCR 641;
K. Subba Rao v. The State of Telangana (2018) 14 SCC
452 – relied on.
Lalita Kumari v. Government of U.P. & Ors. (2014) 2
SCC1 : [2013] 14 SCR 713; Social Action Forum for
Manav Adhikar & Anr. v. Union of India, Ministry of
Law And Justice & Ors. (2018) 10 SCC 443 : [2018]
12 SCR 19; Rajesh Bajaj v. State of NCT of Delhi &
Ors. (1999) 3 SCC 259 : [1993] 3 SCR 930 – referred
to.
Case Law Reference
[2013] 14 SCR 713
referred to
Para 6
[2018] 12 SCR 19
referred to
Para 7
[1993] 3 SCR 930
referred to
Para 10
(2018) 10 SCC 472
relied on
Para 13
KAHKASHAN KAUSAR @ SONAM v. STATE OF BIHAR
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SUPREME COURT REPORTS
[2022] 1 S.C.R.
[2014] 8 SCR 128
relied on
Para 14
[2010] 9 SCR 1168
relied on
Para 15
[2012] 9 SCR 641
relied on
Para 16
(2018) 14 SCC 452
relied on
Para 17
CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No.
195 of 2022.
From the Judgment and Order dated 13.11.2019 of the High Court
of Judicature at Patna in Criminal Writ Jurisdiction Case No.1492 of
2019.
Smarhar Singh, Ms. Shweta Kumari, Advs. for the Appellants.
Samir Ali Khan, Abhay Kumar, Sriharsh Nahush Bundela, Kumar
Milind, Shagun Ruhil, Vishal Nautiyal, Advs. for the Respondents.
The Judgment of the Court was delivered by
KRISHNA MURARI, J.
1. Leave granted.
2. This appeal is directed against the judgment and order dated
13.11.2019 passed by the High Co
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