Kalkasham Kausar V, State of Bihar
Kalkasham Kausar V, State of Bihar
Kalkasham Kausar V, State of Bihar
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558
KAHKASHAN KAUSAR @ SONAM v. STATE OF BIHAR 559
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560 SUPREME COURT REPORTS [2022] 1 S.C.R.
offence under section 498A, 323 IPC against the husband Md. Ikram, A
and issued summons. This dispute was eventually resolved and
Respondent No. 5 herein came back to the matrimonial home.
4. Subsequently, on 01.04.19, Respondent No. 5 herein, gave
another written complaint for registration of FIR under sections 341,
323, 379, 354, 498A read with Section 34 IPC against her husband Md. B
Ikram and the appellants herein. The complaint inter-alia alleged that all
the accused were pressurizing the Respondent wife herein to purchase
a car as dowry, and threatened to forcibly terminate her pregnancy if
the demands were not met.
5. Aggrieved, the Husband and appellant herein filed a criminal
C
writ petition before the Patna High Court, for quashing of the said FIR
dated 01.04.19, which was dismissed vide impugned judgment. The High
Court observed that the averments made in the FIR prima-facie disclosed
commission of an offence and therefore the matter was required to be
investigated by the police. The Appellants herein, being the niece
(Respondent No. 1), Mother in-law (Respondent No. 2), Sister in-law D
(Respondent No. 3), and brother in law (Respondent No. 4) have thereby
approached this court by way of the present Special Leave Petition.
Contentions made by the Appellants
6. The counsel for the Appellants herein contends, that the Police
Officer was duty bound to conduct a preliminary inquiry before registering E
the FIR as this instant case falls within the categories of cases on which
a preliminary enquiry may be made, as mandated by this court in Lalita
Kumari Vs. Government of U.P. & Ors.1 .
7. It is also submitted that previously in the year 2017, the
Respondent wife had instituted a criminal complaint on similar allegations, F
whereby the Ld. Judicial Magistrate after considering the evidence issued
summons only against the husband, and found that the allegations made
against the appellants herein were omnibus in nature. Further, it is
submitted that the FIR in question has been made with a revengeful
intent, merely to harass the Appellant in-laws herein, and should be dealt
G
with accordingly. Reliance is placed on Social Action Forum for Manav
Adhikar & Anr. Vs. Union of India, Ministry of Law And Justice &
Ors.2, wherein it was observed:-
1
(2014) 2 SCC 1
2
(2018) 10 SCC 443 H
562 SUPREME COURT REPORTS [2022] 1 S.C.R.
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KAHKASHAN KAUSAR @ SONAM v. STATE OF BIHAR 563
[KRISHNA MURARI, J.]
12. Before we delve into greater detail on the nature and content
of allegations made, it becomes pertinent to mention that incorporation
of section 498A of IPC was aimed at preventing cruelty committed upon
3
(1999) 3 SCC 259 H
564 SUPREME COURT REPORTS [2022] 1 S.C.R.
6
(2010) 7 SCC 667 H
566 SUPREME COURT REPORTS [2022] 1 S.C.R.
A 35. The ultimate object of justice is to find out the truth and
punish the guilty and protect the innocent. To find out the
truth is a herculean task in majority of these complaints. The
tendency of implicating husband and all his immediate relations
is also not uncommon. At times, even after the conclusion of
criminal trial, it is difficult to ascertain the real truth. The
B
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. The
allegations of harassment of husband’s close relations who
had been living in different cities and never visited or rarely
C visited the place where the complainant resided would have
an entirely different complexion. The allegations of the
complaint are required to be scrutinized with great care and
circumspection.
36. Experience reveals that long and protracted criminal trials
D lead to rancour, acrimony and bitterness in the relationship
amongst the parties. It is also a matter of common knowledge
that in cases filed by the complainant if the husband or the
husband’s relations had to remain in jail even for a few days,
it would ruin the chances of amicable settlement altogether.
The process of suffering is extremely long and painful.”
E
16. In Geeta Mehrotra & Anr. Vs. State of UP & Anr.7, it was
observed:-
“21. It would be relevant at this stage to take note of an apt
observation of this Court recorded in the matter of G.V. Rao
F vs. L.H.V. Prasad & Ors. reported in (2000) 3 SCC 693 wherein
also in a matrimonial dispute, this Court had held that the
High Court should have quashed the complaint arising out
of a matrimonial dispute wherein all family members had been
roped into the matrimonial litigation which was quashed and
set aside. Their Lordships observed therein with which we
G entirely agree that:
“there has been an outburst of matrimonial dispute in recent
times. Marriage is a sacred ceremony, main purpose of which
is to enable the young couple to settle down in life and live
7
H (2012) 10 SCC 741
KAHKASHAN KAUSAR @ SONAM v. STATE OF BIHAR 567
[KRISHNA MURARI, J.]