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Sri K M Darpan vs State Of Karnataka on 23 January, 2024 cites

Kahkashan Kausar @ Sonam vs The State Of Bihar on 8 February, 2022

"13. Instances of a husband's family members filing a petition to quash criminal proceedings launched against them by his wife in the midst of matrimonial disputes are neither a rarity nor of recent origin. Precedents aplenty abound on this score. We may now take note of some decisions of particular relevance. Recently, in Kahkashan Kausar alias Sonam v. State of Bihar [(2022) 6 SCC 599], this Court had occasion to deal with a similar situation where the High Court had refused to quash a FIR registered for various offences, including Section 498A IPC. Noting that the foremost issue that required determination was whether allegations made against the in-laws were general omnibus allegations which would be liable to be quashed, this Court referred to earlier decisions wherein concern was expressed over the misuse of Section 498A IPC and the increased tendency to 2 2023 SCC OnLine SC 1083 28 implicate relatives of the husband in matrimonial disputes. This Court observed that false implications by way of general omnibus allegations made in the course of matrimonial disputes, if left unchecked, would result in misuse of the process of law. On the facts of that case, it was found that no specific allegations were made against the in-laws by the wife and it was held that allowing their prosecution in the absence of clear allegations against the in-laws would result in an abuse of the process of law. It was also noted that a criminal trial, leading to an eventual acquittal, would inflict severe scars upon the accused and such an exercise ought to be discouraged.
Supreme Court of India Cites 22 - Cited by 535 - K Murari - Full Document

Preeti Gupta & Anr vs State Of Jharkhand & Anr on 13 August, 2010

In Preeti Gupta v. State of Jharkhand [(2010) 7 SCC 667], this Court noted that the tendency to implicate the husband and all his immediate relations is also not uncommon in complaints filed under Section 498A IPC. It was observed that the Courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases, as allegations of harassment by husband's close relations, who were living in different cities and never visited or rarely visited the place where the complainant resided, would add an entirely different complexion and such allegations would have to be scrutinised with great care and circumspection.
Supreme Court of India Cites 18 - Cited by 1452 - D Bhandari - Full Document

Abhishek vs The State Of Madhya Pradesh on 31 August, 2023

9. Insofar as the 1st petitioner, the husband is concerned, even against him all that is projected up to registration of complaint is grievance and no cruelty is alleged and no demand of dowry is projected. Long after the proceedings in the matrimonial case, after having appeared and on the verge of its closure, when the issue was referred to settlement, comes the impugned complaint. Though the complaint is a well drafted one, but contents of it are completely countered to what has been projected for close to 18 months in the matrimonial case. Though merely because the 27 husband has filed a matrimonial case and the wife later registers a crime under Section 498A IPC would lead to its obliteration is not the law, but in the peculiar facts of this case, when the matrimonial case had progressed to a large extent and the settlement talks were on, the impugned complaint comes which is second in line, as the first one has resulted in a non-cognizable report terming it to be a family dispute. Therefore, in these peculiar facts if further proceedings are permitted to continue against the husband, even it would run foul of the judgment of a Three Judge Bench of the Apex Court in the case of ABHISHEK v. STATE OF MADHYA PRADESH2 wherein the Apex Court has held as follows:
Supreme Court of India Cites 15 - Cited by 18 - P V Kumar - Full Document
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