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Sanjay D Jain and Ors Vs State of Maharashtra and Ors on 26 Sep 2025

Posted on September 28, 2025 by ShadesOfKnife

A full bench of Apex Court ruled that none of the offences in the FIR were made out against the Petitioners.

From Paras 8-12,

8. Having heard the learned counsel for the parties and having perused the FIR dated 06.02.2022 as well as the final report, we are of the considered opinion that the criminal proceedings initiated against the appellants pursuant to the registration of offence punishable under Sections 498-A, 377 and 506 read with Section 34 of the Penal Code deserve to be quashed.
9. Before examining the FIR along with the complaint of the complainant, we may refer to the parameters that are to be borne in mind while entertaining the prayer for quashing of the FIR. If the allegations made in the FIR or the complaint, even when taken at their face value and accepted in their entirety do not prima facie constitute any offence or make out any case against the accused, quashing of the proceedings would be justified. Vague and general allegations cannot lead to forming of a prima facie case. As regards the ingredients for making out an offence punishable under Section 498-A of the Penal Code is concerned, the requirement is that there has to be cruelty inflicted against the victim which either drives her to commit suicide or cause grave injury to herself or lead to such conduct that would cause grave injury or danger to life, limb or health. The latter part of the provision refers to harassment with a view to satisfy an unlawful demand for any property or valuable security raised by the husband or his relatives. These aspects have been considered in detail in a recent decision in Digambar and Another (supra) (to which one of us, B.R. Gavai, J, as he then was, was a party).
10. A perusal of the FIR and its consideration in entirety indicates that statements of a general nature have been made therein as against the present appellants. The complainant states that on 07.08.2021 when she had gone to her parental house, she had received a call from her mother-in-law raising a demand for clothes and jewellery. When she returned to her matrimonial house on 30.08.2021, she had taken few clothes for the family members. Except this statement, all other statements are of a general nature as well as vague without any particulars. There are other omnibus statements made in the complaint without any particulars whatsoever. It is also to be noted that for the purpose of constituting an offence punishable under Section 498-A of the Penal Code, cruelty as indicated in the Explanation to the said provision must be stated to be inflicted. The cruelty caused by the husband and his family members should be of such nature that it is inflicted with the intention to cause grave injury or drive the victim to commit suicide or inflict grave injury to herself. Such allegations are absent in the present case. We do not find that on a complete reading of the complaint, a prima facie case for proceeding under Section 498-A of the Penal Code has been made out against the appellants.
11. As regards the offence punishable under Sections 377 and 506 read with Section 34 of the Penal Code is concerned, it is seen that the allegations in this regard have been made only against the complainant’s husband and not against the present appellants. The entire tenor of the complaint in that regard seeks to implicate the complainant’s husband and all incidents stated therein relate to him. There is no allegation whatsoever in that context against the appellants that would require them to face trial on that count. The proceedings insofar as the present appellants are concerned, thus, deserve to be quashed in their entirety. In our view, the High Court failed to notice this aspect of the matter while declining to quash the proceedings against the appellants.
12. For the aforesaid reasons, we are satisfied that on the touchstone of the law laid down in State of Haryana and Others vs. Bhajan Lal and Others2, a case has been made out by the appellants for quashing of the criminal proceedings lodged against them under Sections 498-A, 377 and 506 read with Section 34 of the Penal Code. Continuation of these proceedings would amount to an abuse of the process of law and, hence, the appellants are entitled to relief.

Sanjay D Jain and Ors Vs State of Maharashtra and Ors on 26 Sep 2025

Index of Quash judgments is here.

Post Views: 892

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Posted in Supreme Court of India Judgment or Order or Notification | Tagged 3-Judge (Full) Bench Decision Catena of Landmark Judgments Referred/Cited to CrPC 482 – Criminal Proceeding Quashed CrPC 482 – IPC 498A Quashed Discourage Roping In All Relatives Of In-Laws Or Distant Relatives IPC 498a - Not Made Out Against Parents or Relatives Landmark Case Reportable Judgement or Order | Leave a comment

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