Vubbanapalli alias Ubbapalli Susheela v. State of Telangana
2025-09-15
JUVVADI SRIDEVI
body2025
DigiLaw.ai
ORDER : 1. This Criminal Petition is filed under Section 4 82 of Cr.P.C. by the petitioners-accused Nos.2 to 6 seeking to quash the proceedings against them in C.C.No.2217 of 2022 on the file of the learned III Additional Judicial First Class Magistrate at Kothagudem, registered for the offences under Section 4 98-A of IPC and Sections 3 and 4 of D.P. Act, 1961. 2. Heard Mr. K.Venumadhav, learned counsel for the petitioners, Mr. P.Rama Sharana Sharma, learned counsel for respondent No.2-de facto complainant and Mr. M.Ramachandra Reddy, learned Additional Public Prosecutor appearing for respondent No.1-State. Perused the record. 3. The petitioners-accused Nos.2, 3, 4, 5 and 6 are the mother, father, two married sisters and nephew of accused No.1 respectively. According to the complaint, the allegation against the petitioners herein is that they have instigated accused No.1 in harassing the de facto complainant for additional dowry. 4. Learned counsel for the petitioners submits that the petitioners are innocent and have been falsely implicated in the case by the de facto complainant, only to wreck vengeance in view of the matrimonial disputes between de facto complainant and accused No.1. The petitioners were residing separately from the family of accused No.1 and the de facto complainant. The present complaint was lodged by the de facto complainant in 2022, whereas, the marriage of de facto complainant with accused No.1 was performed in 2011. The reason for such delay remained unexplained. It is also contended that except bald allegations, no specific overt acts are attributed to the petitioners. Thus, he prayed to quash the proceedings against the petitioners. 5. On the other hand, the learned counsel appearing for respondent No.2-de facto complainant as well as learned Additional Public Prosecutor in one tone contended that all the accused, including the petitioners herein, have harassed the de facto complainant after her marriage with accused No.1 and being unable to bear the same, the present complaint has been lodged. It is further contended that all the allegations levelled in the complaint as well as in the charge sheet are subject matter of trial, and hence, this is not a fit case to quash the proceedings at this stage. Accordingly, they prayed to dismiss the petition. 6. For the sake of convenience, Section 498-A of IPC is extracted hereunder: 498A.
It is further contended that all the allegations levelled in the complaint as well as in the charge sheet are subject matter of trial, and hence, this is not a fit case to quash the proceedings at this stage. Accordingly, they prayed to dismiss the petition. 6. For the sake of convenience, Section 498-A of IPC is extracted hereunder: 498A. Husband or relative of husband of a woman subjecting her to cruelty.— Whoever, being the husband or the relative of the husband of a woman, subjects such woman to cruelty shall be punished with imprisonment for a term which may extend to three years and shall also be liable to fine. Explanation.— For the purpose of this section, “cruelty” means—(a) any wilful conduct which is of such a nature as is likely to drive the woman to commit suicide or to cause grave injury or danger to life, limb or health (whether mental or physical) of the woman; or (b) harassment of the woman where such harassment is with a view to coercing her or any person related to her to meet any unlawful demand for any property or valuable security or is on account of failure by her or any person related to her to meet such demand. 7. In the judgment of State of Haryana and others v. Ch.
7. In the judgment of State of Haryana and others v. Ch. Bhajan Lal and others , 1992 SCC (Cri) 426 , the Hon’ble Supreme Court held as follows: The following categories of cases can be stated by way of illustration wherein the extraordinary power under Article 226 or the inherent powers under Section 482 Cr.P.C. can be exercised by the High Court either to prevent abuse of the process of any Court or otherwise to secure the ends of justice, though it may not be possible to lay down any precise, clearly defined and sufficiently channelised and inflexible guidelines or rigid formulae and to give an exhaustive list of myriad kinds of cases wherein such power should be exercised: (1) Where the allegations made in the First Information Report or the complaint, even if they are taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out a case against the accused; (2) Where the allegations in the First Information Report and other materials, if any, accompanying the F.I.R. do not disclose a cognizable offence, justifying an investigation by police officers under Section 156(1) of the Code except under an order of a Magistrate within the purview of Section 155(2) of the Code; (3) Where the uncontroverted allegations made in the FIR or complaint and the evidence collected in support of the same do not disclose the commission of any offence and make out a case against the accused; (4) Where, the allegations in the FIR do not constitute a cognizable offence but constitute only a non-cognizable offence, no investigation is permitted by a police officer without an order of a Magistrate as contemplated under Section 155(2)of the Code; (5) Where the allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach a just conclusion that there is sufficient ground for proceeding against the accused; (6) Where there is an express legal bar engrafted in any of the provisions of the Code or the concerned Act (under which a criminal proceeding is instituted) to the institution and continuance of the proceedings and/or where there is a specific provision in the Code or the concerned Act, providing efficacious redress for the grievance of the aggrieved party; (7) Where a criminal proceeding is manifestly attended with mala fide and/or where the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the accused and with a view to spite him due to private and personal grudge.
8. In Geddam Jhansi and another v. State of Telangana and others , 2025 INSC 160 , the Hon’ble Supreme Court, at paragraph Nos. 31, 32, 33, 34, 35, 36 and 38 held as follows: “ 31 . Invoking criminal process is a serious matter with penal consequences involving coercive measures, which can be permitted only when specific act(s) which constitute offences punishable under the penal code or any other penal statute are alleged or attributed to the accused and a prima facie case is made out. It applies with equal force when criminal laws are invoked in domestic disputes. Criminalising domestic disputes without specific allegations and credible materials to support the same may have disastrous consequences for the institution of family, which is built on the premise of love, affection, cordiality and mutual trust. Institution of family constitutes the core of human society. Domestic relationships, such as those between family members, are guided by deeply ingrained social values and cultural expectations. These relationships are often viewed as sacred, demanding a higher level of respect, commitment, and emotional investment compared to other social or professional associations. For the aforesaid reason, preservation of family relationship has always been emphasised upon. Thus, when family relationships are sought to be brought within the ambit of criminal proceedings rupturing the family bond, courts should be circumspect and judicious, and should allow invocation of criminal process only when there are specific allegations with supporting materials which clearly constitute criminal offences. 32 . We have to keep in mind that in the context of matrimonial disputes, emotions run high, and as such in the complaints filed alleging harassment or domestic violence, there may be a tendency to implicate other members of the family who do not come to the rescue of the complainant or remain mute spectators to any alleged incident of harassment, which in our view cannot by itself constitute a criminal act without there being specific acts attributed to them. Further, when tempers run high and relationships turn bitter, there is also a propensity to exaggerate the allegations, which does not necessarily mean that such domestic disputes should be given the colour of criminality. 33 . It goes without saying that genuine cases of cruelty and violence in domestic sphere, which do happen, ought to be handled with utmost sensitivity.
Further, when tempers run high and relationships turn bitter, there is also a propensity to exaggerate the allegations, which does not necessarily mean that such domestic disputes should be given the colour of criminality. 33 . It goes without saying that genuine cases of cruelty and violence in domestic sphere, which do happen, ought to be handled with utmost sensitivity. Domestic violence typically happens within the four walls of the house and not in the public gaze. Therefore, such violence is not noticed by public at large, except perhaps by the immediate neighbours. Thus, providing visible evidence by the victim of domestic violence may not be easily forthcoming and producing direct evidence may be hard and arduous, which does not necessarily mean that domestic violence does not occur. In fact, to deal with this pernicious phenomenon, stringent statutes like Protection from Domestic Violence Act, 2005, have been enacted with very expansive meaning and scope of what amounts to domestic violence. Since, violence perpetrated within the domestic sphere by close relatives is now criminalised entailing serious consequences on the perpetrators, the courts have to be careful while dealing with such cases by examining whether there are specific allegations with instances against the perpetrators and not generalised allegations. The purpose and mandate of the law to protect the victims of domestic violence is of paramount importance, and as such, a balance has to be struck by ensuring that while perpetrators are brought to book, all the family members or relatives are not indiscriminately brought within the criminal net in a sweeping manner. 34 . For a matrimonial relationship which is founded on the basis of cordiality and trust to turn sour to an extent to make a partner to hurl allegations of domestic violence and harassment against the other partner, would normally not happen at the spur of the moment and such acrimonious relationship would develop only in course of time. Accordingly, such a situation would be the culmination of a series of acts which turns, otherwise an amicable relationship, into a fractured one. Thus, in such cases involving allegations of domestic violence or harassment, there would normally be a series of offending acts, which would be required to be spelt out by the complainant against the perpetrators in specific terms to rope such perpetrators in the criminal proceedings sought to be initiated against them.
Thus, in such cases involving allegations of domestic violence or harassment, there would normally be a series of offending acts, which would be required to be spelt out by the complainant against the perpetrators in specific terms to rope such perpetrators in the criminal proceedings sought to be initiated against them. Thus, mere general allegation of harassment without pointing out the specifics against such perpetrators would not suffice, as is the case in respect of the present appellants. 35 . We are, thus, of the view that in criminal cases relating to domestic violence, the complaints and charges should be specific, as far as possible, as against each and every member of the family who are accused of such offences and sought to be prosecuted, as otherwise, it may amount to misuse of the stringent criminal process by indiscriminately dragging all the members of the family. There may be situations where some of the family members or relatives may turn a blind eye to the violence or harassment perpetrated to the victim, and may not extend any helping hand to the victim, which does not necessarily mean that they are also perpetrators of domestic violence, unless the circumstances clearly indicate their involvement and instigation. Hence, implicating all such relatives without making specific allegations and attributing offending acts to them and proceeding against them without prima facie evidence that they were complicit and had actively collaborated with the perpetrators of domestic violence, would amount to abuse of the process of law. 36 . Our observations, however, should not be generalised to mean that relatives cannot be brought under the purview of the aforesaid penal provisions when they have actively participated in inflicting cruelty on the daughter-in-law/victim. What needs to be assessed is whether such allegations are genuine with specific criminal role assigned to such members of the family or whether it is merely a spill over and side-effect of a matrimonial discord and allegations made by an emotionally disturbed person. Each and every case of domestic violence will thus depend on the peculiar facts obtaining in each case. 38 . We have also noted that the appellants do not live with the principal accused. While the marriage took place in Pondicherry and the complainant lived with her husband and mother-in-law in Chennai, the appellants are residents of Hyderabad.
Each and every case of domestic violence will thus depend on the peculiar facts obtaining in each case. 38 . We have also noted that the appellants do not live with the principal accused. While the marriage took place in Pondicherry and the complainant lived with her husband and mother-in-law in Chennai, the appellants are residents of Hyderabad. As the appellants do not stay together with the complainant and her husband and mother-in-law, to make the appellants as co- accused for alleged offences committed in the matrimonial house of the complainant on the basis of very generalised allegations does not appear to be tenable.” 9. In the judgment of Dara Lakshmi Narayana and others v. State of Telangana and another , 2024 INSC 953 , the Hon’ble Supreme Court, at paragraph Nos.18, 25, 31 and 32 held that: “ 18 . A bare perusal of the FIR shows that the allegations made by respondent No.2 are vague and omnibus. Other than claiming that appellant No.1 harassed her and that appellant Nos.2 to 6 instigated him to do so, respondent No.2 has not provided any specific details or described any particular instance of harassment. She has also not mentioned the time, date, place, or manner in which the alleged harassment occurred. Therefore, the FIR lacks concrete and precise allegations. 25 . A mere reference to the names of family members in a criminal case arising out of a matrimonial dispute, without specific allegations indicating their active involvement should be nipped in the bud. It is a well-recognised fact, borne out of judicial experience, that there is often a tendency to implicate all the members of the husband’s family when domestic disputes arise out of a matrimonial discord. Such generalised and sweeping accusations unsupported by concrete evidence or particularised allegations cannot form the basis for criminal prosecution. Courts must exercise caution in such cases to prevent misuse of legal provisions and the legal process and avoid unnecessary harassment of innocent family members. In the present case, appellant Nos.2 to 6, who are the members of the family of appellant No.1 have been living in different cities and have not resided in the matrimonial house of appellant No.1 and respondent No.2 herein.
In the present case, appellant Nos.2 to 6, who are the members of the family of appellant No.1 have been living in different cities and have not resided in the matrimonial house of appellant No.1 and respondent No.2 herein. Hence, they cannot be dragged into criminal prosecution and the same would be an abuse of the process of the law in the absence of specific allegations made against each of them. 31 . Further, this Court in Preeti Gupta vs. State of Jharkhand , (2010) 7 SCC 667 held that the courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realties into consideration while dealing with matrimonial cases. The allegations of harassment by the husband’s close relatives who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complainant are required to be scrutinized with great care and circumspection. 32 . We, therefore, are of the opinion that the impugned FIR No.82 of 2022 filed by respondent No.2 was initiated with ulterior motives to settle personal scores and grudges against appellant No.1 and his family members i.e., appellant Nos.2 to 6 herein. Hence, the present case at hand falls within category (7) of illustrative parameters highlighted in Bhajan Lal. Therefore, the High Court, in the present case, erred in not exercising the powers available to it under Section 482 CrPC and thereby failed to prevent abuse of the Court’s process by continuing the criminal prosecution against the appellants.” 10. In numerous cases, the Hon’ble Supreme Court, while dealing with similar cases held that making vague and generalised allegations during matrimonial conflicts, if not scrutinized, will lead to the misuse of legal processes and an encouragement for use of arm twisting tactics by a wife and/or her family. Sometimes, recourse is taken to invoke Section 498-A of the IPC against the husband and his family in order to seek compliance with the unreasonable demands of a wife. Therefore, the Courts are bound to ensure whether there is any prima facie case against the husband and his family members before prosecuting the husband and his family members. 11. In the present case, admittedly, there is no dispute with regard to the marriage between de facto complainant and accused No.1.
Therefore, the Courts are bound to ensure whether there is any prima facie case against the husband and his family members before prosecuting the husband and his family members. 11. In the present case, admittedly, there is no dispute with regard to the marriage between de facto complainant and accused No.1. As stated in the complaint, the marriage between the de facto complainant and accused No.1 was solemnized in 2011. The couple initially lived happily for some years and were blessed with two children. However, it is alleged that thereafter, accused No.1, on the instigation of the petitioners, began harassing the de facto complainant demanding additional dowry at about two years prior to the lodging of complaint, and later she was driven out from the matrimonial home. Notably, although the alleged harassment commenced prior to about two years of lodging the complaint, the present complaint was lodged in 2022. It remained unexplained as to why there was a delay in lodging the complaint. If really there was harassment as alleged, the de facto complainant would not have remained silent for such a long period and would have complained much earlier. 12. Apart from that, a perusal of the record would indicate that no substantial or specific allegations of harassment, cruelty, demand of dowry have been made against the petitioners herein. Hence, the petitioners-accused Nos.2 to 6 cannot be put to the ordeal of trial especially when there were no allegations of cruelty or harassment for or in relation to demand of dowry against them. 13. Accordingly, this Criminal Petition is allowed, quashing the proceedings against the petitioners-accused Nos.2 to 6 in C.C.No.2217 of 2022 on the file of the learned III Additional Judicial First Class Magistrate at Kothagudem. Pending miscellaneous applications, if any, shall stand closed.