Dowry Harassment and Quashing of Criminal Cases: Supreme Court’s Important Verdict
The Supreme Court of India recently delivered a significant judgment in the case of Rakhi Mishra vs. State of Bihar & Others. This case revolved around allegations of dowry harassment, cruelty, and an attempted sexual assault by the complainant’s in-laws. The core legal issue in this case was whether the High Court was justified in quashing the criminal proceedings against some of the accused in-laws under Section 482 of the Criminal Procedure Code (CrPC). The Supreme Court’s decision reinstated the criminal case against these accused individuals, reinforcing the principle that courts should not interfere in criminal proceedings at an early stage unless absolutely necessary.
The case had far-reaching implications on dowry-related crimes and the judicial approach towards quashing proceedings in cases where serious allegations are made.
Background of the Case
The case originated from a complaint filed by Rakhi Mishra, who alleged that she had been subjected to cruelty, dowry harassment, and an attempted rape by her father-in-law. The complainant was married to Santosh Kumar Tiwari on 18th February 2012. She alleged that she had been harassed for additional dowry, despite her father already providing a dowry of Rs. 4 lakhs, along with expensive gifts such as a motorcycle, television, fridge, washing machine, gold ornaments, and furniture, amounting to Rs. 5 lakhs.
She also alleged that her husband and in-laws demanded a car as additional dowry and that her father-in-law attempted to sexually assault her. Based on her complaint, an FIR (No. 140 of 2013) was registered under the following sections:
- Section 498A (Cruelty by husband or in-laws) of the Indian Penal Code (IPC)
- Section 323 (Voluntarily causing hurt)
- Section 354A(1) (Sexual harassment)
- Section 354B (Assault or use of criminal force with intent to disrobe a woman)
- Section 34 (Common intention)
- Sections 3 and 4 of the Dowry Prohibition Act, 1961
After the investigation, the police filed a charge sheet against her husband but did not find enough evidence against her in-laws. However, the Chief Judicial Magistrate (CJM), upon reviewing the case, took cognizance of the matter and issued summons to Respondents 2 to 10, including her in-laws.
Arguments by the Petitioner
The petitioner, Rakhi Mishra, opposed the High Court’s decision and made the following arguments:
- The FIR clearly mentioned instances of cruelty and harassment by her in-laws, including the demand for dowry and attempted sexual assault.
- The Chief Judicial Magistrate had rightly issued summons after evaluating the prima facie evidence.
- The High Court had exceeded its jurisdiction by quashing the criminal proceedings at a preliminary stage.
- The power under Section 482 CrPC should be exercised sparingly and only in exceptional circumstances.
Arguments by the Respondents
The respondents, who were Rakhi Mishra’s in-laws, argued that:
- The police investigation did not find any evidence against them.
- The allegations were exaggerated and baseless.
- They were falsely implicated due to a family dispute.
- The High Court was justified in quashing the proceedings against them to prevent misuse of legal provisions.
Supreme Court’s Observations
The Supreme Court bench, comprising Justice S.A. Bobde and Justice L. Nageswara Rao, analyzed the case and made the following key observations:
“A perusal of the FIR would clearly show that the Appellant alleged cruelty against Respondent Nos.2, 4, 5, 6, 7, 8, 9, and 10. The Magistrate is required to apply his judicial mind only with a view to take cognizance of the offense to find out whether a prima facie case is made out for summoning the accused persons.”
They further cited the precedent set in Sonu Gupta v. Deepak Gupta (2015) 3 SCC 424, stating:
“At the stage of cognizance and summoning, the Magistrate is not required to consider the defense version or materials or arguments nor is he required to evaluate the merits of the evidence of the complainant, because the Magistrate must not undertake the exercise to find out at this stage whether the materials would lead to conviction or not.”
Addressing the power of the High Court to quash criminal proceedings under Section 482 CrPC, the Court reiterated:
“The power under Section 482 CrPC is exercised by the High Court only in exceptional circumstances, only when a prima facie case is not made out against the accused.”
Conclusion
The Supreme Court set aside the Patna High Court’s order and reinstated the criminal case against Respondents 2, 4, 5, 6, 7, 8, 9, and 10. The Court clarified that quashing criminal proceedings should be done only when there is no material evidence, and in this case, there was enough prima facie evidence for the trial to proceed.
The verdict upholds the principle that cases involving serious allegations, especially those related to dowry harassment and cruelty, must be allowed to go through trial rather than being dismissed prematurely. The respondents were, however, granted the liberty to explore remedies available to them under the law.
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Download Judgment: Rakhi Mishra vs State of Bihar & Oth Supreme Court of India Judgment Dated 24-08-2017.pdf
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