Charul Shukla Vs State of UP and Ors on 25 Mar 2026 – Judgment Summary

Posted on April 5 by Suprajaa Rajan

In Charul Shukla vs State of U.P. & Others (2026), the Supreme Court set aside the Allahabad High Court’s refusal to quash criminal proceedings against the complainant’s sister-in-law and parents-in-law. The case alleged offences under Sections 498A, 323, 354 IPC and Sections 3 & 4 of the Dowry Prohibition Act.

The Court carefully examined whether the allegations—filed after a delay of over six years—were supported by material evidence. It found that the accusations were largely vague, omnibus, and unsubstantiated, particularly against relatives who were either living separately or were senior citizens.

“21. At the same time, the said allegations also have to be juxtaposed with the fact that the complaint was registered by the complainant only on 15.11.2023 i.e. after a delay of more than six years and seven months from the alleged dowry demand. The prosecution has failed to put forth any sufficient cause for such delay and this casts aspersions on their story. At this juncture, we find it apposite to underline the importance of taking an early recourse to pursue and prosecute criminal complaints.”
“22. Time and again, this Court has observed that merely stating certain vague and omnibus allegations without any cogent material evidence to support the same should not become a fillip to jump-start the criminal machinery of the State.”
“23. Upon bare perusal of the Chargesheet No.01/2024 and the medical examination report annexed thereto, no offence under Section 313 of IPC has been made out. The attached medical examination report fails to ascribe or delineate any particular injury that relates to or supports the claim of the complainant either. We must hasten to add that upon completion of the investigation, the investigating officer also deemed it fit to drop the charges under Section 313 of IPC against the accused/appellants.”
“24. It would not be out of place to mention that the delay of almost seven years between the alleged incident and lodgment of the FIR has not been explained sufficiently by the complainant.”
“25. It is merely stated that the father- in-law held her hands and tried to commit obscene acts with her. The complainant has failed to elaborate upon said ‘obscene acts’ allegedly committed by him. It is trite that the FIR cannot be an encyclopaedia of the events but even upon the perusal of the chargesheet as presented by the investigation officer, the counsel for prosecution/State has not been able to substantiate or discern any substantive material in support of the allegation under Section 354 of IPC. At this juncture, it would not be out of place to mention that the complainant herself has failed to enter appearance in the present proceedings despite service of notice upon her. The said non-appearance, despite the service of notice being complete upon her, inevitably draws our attention towards an adverse inference that the complainant herself is indifferent and uninterested in contesting the said appeals.”

Decision

Importantly, the Court emphasized that:

Mere allegations without supporting evidence cannot justify criminal prosecution.
Delay in lodging FIR, especially in matrimonial disputes, must be satisfactorily explained.
Courts must guard against misuse of criminal law to harass family members.

Applying the principles laid down in Bhajan Lal, the Court concluded that continuing the proceedings would amount to abuse of process of law and quashed the FIR and all consequential proceedings against the appellants.

Charul Shukla Vs State of UP and Ors on 25 Mar 2026

Citation : 2026 INSC 297

Other Sources :

Index of Quash Judgements is here.

Related Legal Concepts

Explore the relevant concepts;

Abuse of process of Law
Cruelty under IPC
Cognizable and Non-cognizable offences
Quashing of Fir

Key Contributor :
Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.
+91-9606345150

Anju Garg and Anr Vs Deepak Kumar Garg on 28 Sep 2022 – Judgement Summary

Posted on April 4 by Suprajaa Rajan

In Anju Garg and Anr Vs Deepak Kumar Garg, the Supreme Court of India examined whether a wife is entitled to maintenance under Section 125 CrPC (now Section 144 BNSS) despite adverse findings by lower courts.

The appellants (wife and son) challenged the denial of maintenance to the wife by the Family Court and the High Court. The Court observed that the husband not only neglected his duty but also made baseless allegations regarding the wife’s character, which justified her living separately.

Moreover, the Court emphasised that maintenance provisions serve a social justice function. Therefore, once neglect and inability to maintain oneself are established, courts must grant relief.

Accordingly, the Court set aside the erroneous findings of lower courts and granted maintenance to the wife.

“9. Section 125 of Cr.P.C. was conceived to ameliorate the agony, anguish and financial suffering of a woman who is required to leave the matrimonial home, so that some suitable arrangements could be made to enable her to sustain herself and the children.”
“10. It is the sacrosanct duty of the husband to provide financial support to the wife and to the minor children. The husband is required to earn money even by physical labour, if he is an able-bodied, and could not avoid his obligation, except on the legally permissible grounds mentioned in the statute.”
“11. She had clearly stated as to how she was harassed and subjected to cruelty by the respondent, which had constrained her to leave the matrimonial home along with her children, and as to how the respondent had failed and neglected to maintain her and her children. She had also proved by producing the documentary evidence that her father had paid money to the respondent from time to time to help the respondent for his business. Even if the allegations of demand of dowry by the respondent were not believed, there was enough evidence to believe that money was being paid to the respondent by the father of the appellant-wife, which substantiated her allegation that the respondent was demanding money from her father and was subjecting her to harassment.”
“13. The respondent being an able- bodied, he is obliged to earn by legitimate means and maintain his wife and the minor child. Having regard to the evidence of the appellant-wife before the Family Court, and having regard to the other evidence on record, the Court has no hesitation in holding that though the respondent had sufficient source of income and was able-bodied, had failed and neglected to maintain the appellants.”

Decision

The Supreme Court of India allowed the appeal and held that the wife was entitled to maintenance.

Accordingly:

The Court awarded ₹10,000 per month as maintenance to the wife.
This amount was in addition to ₹6,000 per month already granted to the son.
The maintenance was made payable from the date of filing of the petition.
The Court also directed the husband to clear arrears within 8 weeks.

Thus, the Court corrected the perverse findings of the Family Court and High Court and reinforced the protective intent of maintenance law.

Anju Garg and Anr Vs Deepak Kumar Garg on 28 Sep 2022

Citation :

Other Sources :

Index of Maintenance Judgements under Sec 125 CrPC is here.

Related Legal Concepts

Explore related stages and concepts in criminal procedure:

Maintenance under Section 125 CrPC (Section 144 BNSS)
Social Justice Jurisprudence in Family Law
Cruelty as Ground for Separate Residence
Burden of Proof in Maintenance Cases
Obligation of Able-Bodied Husband to Maintain Wife

Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150

Girdhar Shankar Tawade Vs State of Maharashtra on 24 Apr 2002 – Judgement Summary

Posted on April 3 by Suprajaa Rajan

In Girdhar Shankar Tawade Vs State of Maharashtra, the Supreme Court examined whether a conviction under Section 498-A IPC (cruelty by husband or relatives) can be sustained when the accused has already been acquitted under Section 306 IPC (abetment of suicide).

The case arose from allegations that the accused subjected his wife to cruelty, eventually leading to her death by burns. However, both the Trial Court and High Court concluded that the death was accidental, not suicidal. While the Trial Court acquitted the accused under Section 306 IPC, it still convicted him under Section 498-A IPC.

The Supreme Court re-evaluated the evidence and found serious inconsistencies in witness testimonies, lack of proof of dowry demand, and insufficient material to establish “cruelty” as defined under Section 498-A IPC. Consequently, the Court held that mere harassment without proof of statutory cruelty or unlawful demand is insufficient for conviction.

Thus, the Court set aside the conviction and acquitted the accused.

“The basic purport of the statutory provision is to avoid ’cruelty’ which stands defined by attributing a specific statutory meaning attached thereto as noticed herein before. Two specific instances have been taken note of in order to ascribe a meaning to the word ’cruelty’ as is expressed by the legislatures : Whereas explanation (a) involves three specific situations viz., (i) to drive the woman to commit suicide or (ii) to cause grave injury or (iii) danger to life, limb or health, both mental and physical, and thus involving a physical torture or atrocity, in explanation (b) there is absence of physical injury but the legislature thought it fit to include only coercive harassment which obviously as the legislative intent expressed is equally heinous to match the physical injury : whereas one is patent, the other one is latent but equally serious in terms of the provisions of the statute since the same would also embrance the attributes of ’cruelty’ in terms of Section 498-A.”

“It is not every such harassment but only in the event of such a harassment being with a view to coerce her to 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- there is total absence of any of the requirements of the Statute in terms of Section 498-A.”

“Presently, we have on record two inconsistent versions of the brother and the cousin, as such no credence can be attributed thereon – the documentary evidence (namely, those three letters), in our view, falls short of the requirement of the Statute.”

“In any event the willful act or conduct ought to be the proximate cause in order to bring home the charge under Section 498- A”

Girdhar Shankar Tawade Vs State of Maharashtra on 24vApr 2002

Citation : 2002 (3) SCR 376

Other Sources :

Index of 498A IPC Judgements is here.

Related Legal Concepts

Explore related stages and concepts in criminal procedure:

Cruelty under Section 498-A IPC
Abetment of Suicide under Section 306 IPC
Distinction between Sections 306 and 498-A IPC
Standard of Proof in Criminal Cases
Appreciation of Evidence and Witness Credibility

Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150

Emilda Varghese @ Rajani Vs Varghese P Kuriakose on 6 Oct 2025 – Judgement Summary

Posted on April 1 by Suprajaa Rajan

In a significant ruling, the Kerala High Court adjudicated a batch of matrimonial appeals and revision petitions involving divorce on the ground of cruelty and maintenance rights of the wife.

After carefully evaluating the evidence, the High Court upheld the divorce, concluding that the wife’s conduct amounted to mental cruelty. Importantly, the Court emphasised that ill-treatment of children can constitute cruelty toward the spouse.

The following paragraphs form the core reasoning of the Court:

“The nature of cruelty which would entitle a spouse to divorce must certainly be identical in all religious faiths… The right to live without matrimonial cruelty is a fundamental right under Article 21.”
“If the wife is guilty of ill-treating the children, certainly it would cause reasonable apprehension in the mind of the husband that it would be harmful or injurious for him to live with her.”
“The expression ‘harmful or injurious’ is not confined to physical acts alone, but equally extends to mental torture.”
“The petitioner has proved his allegations not only through his own testimony, but also by examining witnesses who had personal acquaintance with the alleged ill-treatment.”
“It is settled law that making such suicide attempts or threats would amount to cruelty on the spouse.”

Decision

After considering all aspects, the High Court delivered the following decision:

Divorce Granted: The Court upheld the dissolution of marriage on the ground of cruelty.
Wife’s Challenge to Divorce Rejected: The Court found no merit in her appeal against divorce.
Maintenance Enhanced: The Court increased maintenance from ₹6,000 to ₹15,000 per month.
Partial Relief to Wife: The revision petition was partly allowed only to the extent of enhancement.

Thus, the Court ensured both marital justice and financial fairness.

Emilda Varghese @ Rajani Vs Varghese P Kuriakose on 6 Oct 2025

Index of Divorce Judgements is here.

Related Legal Concepts

Explore related stages and concepts in criminal procedure:

Matrimonial Cruelty
Child abuse
Uniform Legal Standard
Maintenance
Appellate Powers

Key Contributor :

Mrs. Suprajaa Rajan B.Com, LL.B., LL.M.

+91-9606345150

Tushar Sampat Mane and Ors Vs State of Maharashtra on 8 Aug 2025 – Judgment Summary

Posted on March 26 by Suprajaa Rajan

The Bombay High Court in Tushar Sampat Mane and Ors Vs State of Maharashtra on 8 Aug 2025 held that courts must quash criminal proceedings when allegations fail to meet the legal threshold of cruelty under Section 498A IPC. The Court found that the allegations were exaggerated, omnibus, and not grave in nature.

It further observed that prior knowledge of the husband’s medical condition weakens claims of suppression. Additionally, routine marital discord or trivial disputes cannot amount to cruelty.

Therefore, the Court concluded that continuation of criminal proceedings would amount to abuse of process of law.

“5. Therefore, either the case may come under Explanation (a) or Explanation (b) or in some cases it may be both. But such cruelty then should be of a grave nature.”
“5. Now, except the statement of informant there is nothing in the charge sheet. The Investigating Officer has not even taken care to make inquiry with the neighbours of applicants regarding the treatment given by applicants to informant.”
“5. Making annoying statements that informant was not wearing proper clothes, was not able to cook food properly, cannot be said to be acts of grave cruelty or harassment.”
“7. When the relationship gets strained, it appears that exaggerations are made.”
“7. When everything was disclosed prior to the marriage and allegations are omnibus or of not so grave for befitting in the concept of cruelty contemplated under Section 498-A of the Indian Penal Code, it would be an abuse of process of law if the applicants are asked to face the trial.”

Decision

The Court allowed the criminal application. It quashed Regular Criminal Case under Sections 498A, 323, 504, 506 read with Section 34 IPC (corresponding provisions under BNS).

The Court held that allegations lacked gravity and specificity. It further held that continuation of proceedings would amount to abuse of process of law.

Tushar Sampath Mane and Ors Vs State of Maharashtra on 8 Aug 2025

Citation :2025:BHC-AUG:21166-DB

Other Sources :

Index of Quash Judgment u/s 482 Cr.P.C is here.

Related Legal Concepts

Explore related stages and concepts in criminal procedure:

Meaning of cruelty under Criminal law
Omnibus Allegations in matrimonial cases
Dowry Demand and Harassment
Matrimonial Disputes vs Criminal Liability

Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150

Reshma T.R. Vs Ainish M on 26 Dec 2025 – Judgment Summary

Posted on March 9 by Suprajaa Rajan

The Kerala High Court considered a petition filed under its supervisory jurisdiction challenging an order of the Family Court concerning interim custody of a minor child. The petitioner sought judicial intervention regarding the custody arrangement ordered by the Family Court.

During the hearing, the petitioner sought permission to withdraw the petition. The Court examined whether the welfare or security of the child required judicial interference. The Court noted that the Family Court had granted interim custody of the child to the father and found no material to suggest that the child’s welfare was compromised.

The High Court held that no interference was necessary and permitted the petitioner to withdraw the petition.

“After arguing this matter for some time, Sri.A.K.Haridas-learned Counsel for the petitioner, sought permission to withdraw this original petition. He, however, added that his client’s interest is only to ensure that the child is safe and nothing more.”

“We do not find from the order that the security or welfare of the child has been compromised. In fact, the child has been given interim custody to her own father; and do not see why we should distrust him from taking care of her.”

“In such circumstances, we are also of the opinion that the best course forward to the petitioner is to withdraw this original petition.”

Decision

The Kerala High Court dismissed the original petition as withdrawn. The Court found no reason to interfere with the Family Court’s interim custody arrangement.

Reshma T.R Vs Ainish. M on 26 Dec 2025

Citation :2025:KER:98856

Other Sources :

Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150

Hitesh Bhatnagar Vs Deepa Bhatnagar on 18 Apr 2011

Posted on February 24 by Suprajaa Rajan

The Supreme Court examined whether consent given at the time of filing a joint petition continues to bind the parties until decree, or whether it can be withdrawn at any stage before the court passes the final order.

The appellant argued that once the statutory period of 18 months had expired without formal withdrawal, the court had no option but to grant divorce. The respondent contended that mutual consent must subsist till the date of decree and that she had validly withdrawn her consent before the second motion.

The judgment clarified the nature of mutual consent as a jurisdictional requirement and reaffirmed earlier precedents on the subject. It also considered whether Article 142 of the Constitution could be invoked to dissolve the marriage on the ground of irretrievable breakdown.

“13. The appellant contends that the Additional District Judge, Gurgaon, was bound to grant divorce if the consent was not withdrawn within a period of 18 months in view of the language employed in Section 13B(2) of the Act. We find no merit in the submission made by the appellant in the light of the law laid down by this Court in Sureshta Devi’s case (supra).”

“14. The language employed in Section 13B(2) of the Act is clear. The Court is bound to pass a decree of divorce declaring the marriage of the parties before it to be dissolved with effect from the date of the decree, if the following conditions are met:
a. A second motion of both the parties is made not before 6 months from the date of filing of the petition as required under sub-section (1) and not later than 18 months;
b. After hearing the parties and making such inquiry as it thinks fit, the Court is satisfied that the averments in the petition are true; and
c. The petition is not withdrawn by either party at any time before passing the decree;”

“15. In other words, if the second motion is not made within the period of 18 months, then the Court is not bound to pass a decree of divorce by mutual consent. Besides, from the language of the Section, as well as the settled law, it is clear that one of the parties may withdraw their consent at any time before the passing of the decree. The most important requirement for a grant of a divorce by mutual consent is free consent of both the parties.”

“16. In the present fact scenario, the second motion was never made by both the parties as is a mandatory requirement of the law, and as has been already stated, no Court can pass a decree of divorce in the absence of that. The non-withdrawal of consent before the expiry of the said eighteen months has no bearing.”

“18. We are not inclined to entertain this submission of the appellant since the facts in that case are not akin to those that are before us.”

“25. It is settled law that this Court grants a decree of divorce only in those situations in which the Court is convinced beyond any doubt that there is absolutely no chance of the marriage surviving and it is broken beyond repair.”

Decision

The Supreme Court dismissed the appeal.

The Court held that:

Mutual consent must continue till the decree of divorce.
Either party may withdraw consent at any time before the decree.
The 18-month period does not bar withdrawal of consent.
Article 142 cannot be used to override statutory requirements in ordinary circumstances.

Hitesh bhatnagar Vs Deepa bhatnagar on 18 Apr 2011

Citation :(2011) 5 SCC 234

Other Sources :

Index of Divorce Judgements is here.

Key Contributor :

Mrs. Suprajaa Rajan B.Com., LL.B., LL.M.

+91-9606345150

Baijnath and ors vs State of Madhya Pradesh on 18 Nov 2016

Posted on February 10 by ShadesOfKnife

A two-judge Bench of the Supreme Court of India, in Baijnath & Ors. v. State of Madhya Pradesh (18 November 2016), held that the unnatural death of a married woman within seven years of marriage does not, by itself, amount to dowry death under Section 304B IPC. The Court ruled that the prosecution must prove cruelty or harassment for dowry to sustain such a charge.

The Supreme Court further clarified that the presumption under Section 113B of the Evidence Act does not operate automatically. Courts may invoke it only after the prosecution establishes dowry-related cruelty soon before death. In this case, the evidence on dowry demand was inconsistent, no prior complaint was made, and medical evidence failed to conclusively determine the cause of death.

The Court held that the High Court erred in reversing the acquittal based on presumptions. As the prosecution failed to prove cruelty beyond reasonable doubt, the Supreme Court restored the Trial Court’s acquittal and granted the accused the benefit of doubt.

Relevant Extracts from the Supreme Court Judgment:

“(32) Noticeably this presumption as well is founded on the proof of cruelty or harassment of the woman dead for or in connection with any demand for dowry by the person charged with the offence. The presumption as to dowry death thus would get activated only upon the proof of the fact that the deceased lady had been subjected to cruelty or harassment for or in connection with any demand for dowry by the accused and that too in the reasonable contiguity of death. Such a proof is thus the legislatively mandated prerequisite to invoke the otherwise statutorily ordained presumption of commission of the offence of dowry death by the person charged therewith.”
“(33) Proof of cruelty or harassment by the husband or her relative or the person charged is thus the sine qua non to inspirit the statutory presumption, to draw the person charged within the coils thereof. If the prosecution fails to demonstrate by cogent coherent and persuasive evidence to prove such fact, the person accused of either of the above referred offences cannot be held guilty by taking refuge only of the presumption to cover up the shortfall in proof.“
“(38) The prosecution in our estimate, has failed to prove this indispensable component of the two offences beyond reasonable doubt. The factum of unnatural death in the matrimonial home and that too within seven years of marriage therefore is thus ipso facto not sufficient to bring home the charge under Sections 304B and 498A of the Code against them.“

Baijnath vs State of MP

Citations:

Other Sources:

Index of Acquittal from criminal matrimonial cases is here.

Key Contributor:

Mrs. Suprajaa Rajan (B.Com., LL.B., LL.M.)

Contact : +91-9606345150

Neha Lal Vs Abhishek Kumar on 20 Jan 2026

Posted on January 27 by ShadesOfKnife

A division bench of Supreme Court held that Perjury applications shall continue, despite grant to divorce.

From Paras 28 to 30,

28. Now coming to the cases pending between the parties. All the cases pending between the parties, as mentioned in paragraph No.8.8, shall stand disposed of without any further action by them. However, the following applications filed by the parties raising plea of perjury shall continue because no one can be permitted to pollute the stream of justice, as emphasized by this Court in Kusha Duruka vs. The State of Odisha10. The cases being:
(i) Crl. M. A. No.42585 of 2019 in W. P. (Crl.) No.1025 of 2023 (under Section 340 CrPC)
(ii) Application under Section 379 read with 215 BNSS filed in MT No.151 of 2021
(iii) Application under Section 379 read with 215 BNSS filed in MT No.151 of 2021
(iv) Misc. Crl. No.7 of 2019 filed in MT No.853 of 2018
(v) Application under Section 340 CrPC in MT No.853 of 2018
29. It is clarified that if besides the cases mentioned in the paragraph 28, any other application(s) filed by the parties either under section 340 CrPC or under Section 379 read with 215 of BNSS, 2023, the same shall be dealt with on merits by the concerned Courts and will not be disposed of, in view of this order passed by this Court.
30. A copy of the order passed by this Court shall be sent to the Courts concerned for taking action as per the direction in this order. However, if there is any other case arising out of matrimonial dispute, though not mentioned in the list, but pending, the same shall also stand disposed of on production of copy of this order by the parties.

Neha Lal Vs Abhishek Kumar on 20 Jan 2026

Citations:

Other Sources:

Index of Perjury Judgments is here.

Suninder Sandha Vs State of NCT of Delhi and Anr on 02 Dec 2025

Posted on January 13 by ShadesOfKnife

A division bench of Apex Court held as follows,

From Para 15,

15. Evidently, Section 91 of the Code does not itself prescribe any stage. The core issue remains whether invocation of power under Section 91 of the Code by the Trial Court is as per the manner contemplated/provided for in law. We are mindful that the underlying case in Sarla Gupta (supra)1 concerned the Prevention of Money-Laundering Act, 2002. It is seen that State of Orissa v Debendra Nath Padhi, (2005) 1 SCC 568, relied upon by the High Court, was considered by a Bench of equal strength in Sarla Gupta (supra).

From Para 17,

17. The law is no longer res integra, having been lastly settled by the 3-Judge Bench in Sarla Gupta (supra), which provides clarity as to the relevant stage at which power under Section 91 of the Code may be invoked. In the underlying case in these appeals, such stage has not yet been reached, as defence evidence has not commenced.

Suninder Sandha Vs State of NCT of Delhi & Anr on 02 Dec 2025

Shades of Knife

True Colors of a Vile Wife

Tag: 2-Judge (Division) Bench Decision

Charul Shukla Vs State of UP and Ors on 25 Mar 2026 – Judgment Summary

Decision

Related Legal Concepts

Anju Garg and Anr Vs Deepak Kumar Garg on 28 Sep 2022 – Judgement Summary

Decision

Related Legal Concepts

Girdhar Shankar Tawade Vs State of Maharashtra on 24 Apr 2002 – Judgement Summary

Related Legal Concepts

Emilda Varghese @ Rajani Vs Varghese P Kuriakose on 6 Oct 2025 – Judgement Summary

Decision

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Tushar Sampat Mane and Ors Vs State of Maharashtra on 8 Aug 2025 – Judgment Summary

Decision

Related Legal Concepts

Reshma T.R. Vs Ainish M on 26 Dec 2025 – Judgment Summary

Decision

Baijnath and ors vs State of Madhya Pradesh on 18 Nov 2016

Neha Lal Vs Abhishek Kumar on 20 Jan 2026

Suninder Sandha Vs State of NCT of Delhi and Anr on 02 Dec 2025