PRIYANKA MISHRA & ORS versus THE STATE OF MADHYA PRADESH & ANR.

Citation: [2023] 5 S.C.R. 1152 · Decided: 08-05-2023 · Supreme Court of India · Bench: SANJAY KISHAN KAUL · Disposal: Appeal(s) allowed
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Judgment (excerpt)

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SUPREME COURT REPORTS
[2023] 5 S.C.R.
   [2023] 5 S.C.R. 1152
1152
PRIYANKA MISHRA & ORS.
v.
THE STATE OF MADHYA PRADESH & ANR.
(Criminal Appeal No.1545 of 2023)
MAY 8, 2023
[SANJAY KISHAN KAUL AND AHSANUDDIN
AMANULLAH, JJ.]
Code of Criminal Procedure, 1973 – s.482 – Quashing of
FIR – Complaint filed by Respondent no.2-wife against appellants
(sister-in-law, mother-in-law and father-in-law) and her husband
for offences punishable u/s.498-A and s.34, IPC and s.4, Dowry
Prohibition Act – Petition filed by appellants u/s.482 for quashing,
dismissed – On appeal, held: FIR in question as far as appellants
are concerned, is an abuse of the process of the Court – Respondent
No.2 resided for less than three weeks in the matrimonial home from
the date the marriage was solemnised – She then lived with her
husband at Hyderabad for some time and, finally moved to London
and then Sweden – Subsequently, upon returning to India, she filed
the criminal case in question – While living with her husband in
Sweden, respondent no. 2 had filed a divorce petition, hence, there
was no occasion per se for her after coming from Sweden to visit
the matrimonial home, much less reside there – Moreover, the husband
of Respondent No.2 having emailed a complaint to the
Superintendent of Police, 3 days prior to the wife lodging her
complaint, with regard to threat received from Respondent No.2 to
implicate him and his family members, is clearly indicative that the
charges, against the appellants were an afterthought – Impugned
judgment set aside – FIR quashed qua the appellants – Penal Code,
1860 – ss.498-A, 34 – Dowry Prohibition Act – s.4.
Kahkashan Kausar alias Sonam v State of Bihar (2022)
6 SCC 599 – relied on.
Rajesh Sharma v State of Uttar Pradesh (2018) 10 SCC
472 : [2017] 9 SCR 529; State of Haryana v Bhajan
Lal 1992 Suppl. (1) SCC 335 : [1990] 3 Suppl. SCR
259; Pawan Kumar v State of Haryana (1998) 3 SCC
309 : [1998] 1 SCR 746; Mahendra K C v State of
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Karnataka (2022) 2 SCC 129; Central Bureau of
Investigation v A Ravishankar Prasad (2009) 6 SCC
351 : [2009] 9 SCR 1025; S Mahaboob Basha v State
of Karnataka (2014) 10 SCC 244 : [2014] 13 SCR
1266; Rupali Devi v State of Uttar Pradesh (2019) 5
SCC 384 : [2019] 6 SCR 577 – referred to.
Case Law Reference
[2017] 9 SCR 529
referred to                   Para 14
[1990] 3 Suppl. SCR 259
referred to                   Para 16
[1998] 1 SCR 746
referred to                   Para 17
[2009] 9 SCR 1025
referred to                   Para 18
[2014] 13 SCR 1266
referred to                   Para 19
[2019] 6 SCR 577
referred to                   Para 20
CRIMINAL APPELLATE JURISDICTION :  Criminal Appeal
No.1545 of 2023.
From the Judgment and Order dated 30.04.2019 of the High Court
of Madhya Pradesh at Gwalior in MCRC No.6054 of 2019.
Ms. Vibha Datta Makhija, Sr. Adv., Karan Mamgain, Praveen
Gaur, Ms. Banni Khanna, Vikrant Singh Bais, Yogesh Tiwari, Ms. Neema,
Advs. for the Appellants.
Gopal Jha, Akshay Sahay, Rohil Bansal, Lzafeer Ahmad B. F.,
Advs. for the Respondents.
The following Order of the Court was passed by
AHSANUDDIN AMANULLAH, J.
Heard learned counsel for the parties.
2. Leave granted.
3. The present Appeal is directed against the Final Judgment and
Order dated 30.04.2019 (hereinafter referred to as the “Impugned
Judgment”) passed by the High Court of Madhya Pradesh, Bench at
Gwalior (hereinafter referred to as the “High Court”) in Miscellaneous
Criminal Case No. 6054 of 2019 by which the petition filed by the
appellants under Section 482 of the Code of Criminal Procedure, 1973
PRIYANKA MISHRA & ORS. v. THE STATE OF MADHYA
PRADESH & ANR.
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SUPREME COURT REPORTS
[2023] 5 S.C.R.
(hereinafter referred to as the “Code”) praying to quash First Information
Report viz. Crime No. 139 of 2018 registered at P.S. Mahila Thana,
District Gwalior, Madhya Pradesh has been dismissed.
THE FACTUAL PRISM:
4. The Appellants before us, respectively, are the sister-in-law,
mother-in-law and father-in-law of the Respondent No.2. As per the
complaint filed by Respondent no.2 before the police, the Appellants and
the husband of the Respondent No.2 were made accused for offences
punishable under Section 498-A and Section 34 of the Indian Penal Code,
1860 (hereinafter referred to as the “IPC”) and Section 4 of the Dowry
Prohibition Act (hereinafter referred to as the “Act”). As per the
allegations, the accused including the appellants and other family members
dem
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