LexSUMAN MISHRA & ORS. versus THE STATE OF UTTAR PRADESH & ANR.
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[2025] 2 S.C.R. 534 : 2025 INSC 203 Suman Mishra & Ors. v. The State of Uttar Pradesh & Anr. (Criminal Appeal No. 731 of 2025) 12 February 2025 [B.V. Nagarathna and Satish Chandra Sharma,* JJ.] Issue for Consideration Whether the High Court erred in finding that there were specific allegations in the FIR and Chargesheet even after dropping the charge of Section 376, IPC in order to maintain the criminal proceedings against the Appellants and thus, dismissing the quashing petition filed by them. Headnotes† Code of Criminal Procedure, 1973 – s.482 – Quashing – FIR inter alia u/ss.498A, 376, IPC and u/ss.3, 4 of the Dowry Prohibition Act, 1961, filed by Respondent No.2-wife against the appellants (husband and in-laws), primarily alleging rape by her brother-in-law – Charge-sheet filed, charges u/s.376, IPC were dropped – Appellants filed quashing petition, dismissed by High Court – Correctness: Held: Initially, the FIR was lodged alleging rape, however, on investigation no charge-sheet was filed for prosecuting the accused for rape – No protest petition was filed by Respondent No.2 – FIR filed against all the family members about two months after the divorce petition was filed by husband, is vexatious and was instituted with an ulterior motive only because the husband had filed a divorce petition – Allegations against the accused persons were general and omnibus – Divorcing the allegations u/s.376 IPC, nothing remains in the FIR that was specifically alleged against the Appellants – Also, the parties have been granted divorce and the husband has also re-married – High Court undertook only a cursory analysis of the allegations made in the FIR – It failed to underscore any reasons for finding that the allegations made out * Author [2025] 2 S.C.R. 535 Suman Mishra & Ors. v. The State of Uttar Pradesh & Anr. the alleged offense – In the peculiar facts and circumstances of the case, FIR and chargesheet quashed. [Paras 12, 13, 14, 19] Code of Criminal Procedure, 1973 – s.482 – Quashing – Duty of High Court – Discussed. [Paras 15-16] Case Law Cited Iqbal alias Bala and Others v. State of Uttar Pradesh and Others (2023) 8 SCC 734; Monica Kumar (Dr.) and Another v. State of Uttar Pradesh and Others [2008] 9 SCR 943 : (2008) 8 SCC 781; Mala Kar and Another v. State of Uttarakhand and Another, 2024 SCC Online SC 1049; Arun Jain and Others v. State of NCT of Delhi and Another, 2024 SCC OnLine SC 1638 – relied on. P. V. Krishnabhat & Anr. v. The State of Karnataka & Ors., Crl. Appeal No. 205/2025 (arising out of SLP (Crl.) No. 1754 of 2024); Ramawtar v. State of Madhya Pradesh (2022) 13 SCC 635; Supreme Court Bar Assn. v. Union of India & Anr. [1998] 2 SCR 795 : (1998) 4 SCC 409; High Court Bar Association, Allahabad v. State of UP & Ors. [2024] 2 SCR 946; Shilpa Sailesh v. Varun Sreenivasan [2023] 5 SCR 165 – referred to. List of Acts Code of Criminal Procedure, 1973; Penal Code, 1860; Dowry Prohibition Act, 1961; Hindu Marriage Act, 1955. List of Keywords Quashing; Dropping off of the charges under Section 376, IPC; Non-inclusion of Section 376, IPC in the charge-sheet; No protest petition filed; FIR against all the family members; FIR vexatious; Ulterior motive; Allegations general and omnibus; Husband re- married; Cursory analysis; FIR and the charge-sheet quashed; Peculiar facts and circumstances; Decree of divorce; Re-marriage. Case Arising From CRIMINAL APPELLATE JURISDICTION: Criminal Appeal No. 731 of 2025 From the Judgment and Order dated 31.08.2022 of the High Court of Judicature at Allahabad in A482 No. 23358 of 2022 536 [2025] 2 S.C.R. Digital Supreme Court Reports Appearances for Parties Ram Lal Roy, Asad Alvi, Advs. for the Appellants. Ms. Sakshi Kakkar, Puneet Singh Bindra, Ebad Ur Rahman, Ms. Sonal Kushwah, Suryaansh Kishan Razdan, Anas Tanwir, Advs. for the Respondents. Judgment / Order of the Supreme Court Judgment Satish Chandra Sharma, J. 1. Leave Granted. 2. The present appeal is arising out of order dated 31.08.2022 passed by the High Court of Judicature at Allahabad in an application under Section 482 of the Code of Criminal Procedure, 1973 (“CrPC”) being Application under Section 482 No. 23358 of 2022, whereby the High Court has dismissed the quashing application preferred by the present Appellants for quashing of the Chargesheet dated 02.02.2022 and the cognizance order dated 28.03.2022 passed by the Court of ACJM, Bareilly in FIR No. 733 of 2021
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