FIR Instituted With Ulterior Motive Only Because Husband Preferred Divorce Petition: SC Quashes Criminal Case Against Man & His Family
Pranav B Prem
The Supreme Court has quashed an FIR and charge sheet filed against a husband and his family members, observing that the complaint was instituted with an ulterior motive, merely because the husband had filed for divorce. The Court found that the allegations in the FIR were general and omnibus in nature, with no specific details provided.
Case Background
A Division Bench comprising Justice B. V. Nagarathna and Justice Satish Chandra Sharma heard an appeal against the Allahabad High Court’s order, which had dismissed an application under Section 482 CrPC seeking quashing of the charge sheet and cognizance order in a case registered under Sections 498A, 504, 506 IPC read with Sections 3 and 4 of the Dowry Prohibition Act, 1961. The dispute arose from a matrimonial discord between the appellant-husband and the respondent-wife, who were married in 2016. The couple began living separately, and the husband filed for divorce under Section 13 of the Hindu Marriage Act, 1955, on June 17, 2021. Shortly after, the wife lodged an FIR on August 19, 2021, against her husband, brother-in-law, mother-in-law, and father-in-law.
The Supreme Court noted that the High Court failed to provide reasons for recording its finding that the allegations in the FIR constituted a cognizable offense. The Court observed: “The statements of the witnesses examined by the police reveal that there are allegations against the accused persons of general and omnibus nature, and no specific details have been provided.”
Investigation and Legal Proceedings
The initial FIR included allegations under Sections 498A, 354, 328, 376, 352, 504, and 506 IPC along with Sections 3 and 4 of the Dowry Prohibition Act. The investigation was conducted by two different officers and was later transferred to another police station. Following the investigation, a charge sheet was filed under Sections 498A, 504, and 506 IPC read with Sections 3 and 4 of the Dowry Prohibition Act. However, no charge sheet was filed for the alleged offense under Section 376 IPC against the brother-in-law, and the complainant did not file a protest petition against the exclusion of this charge.
Court’s Observations and Reasoning
The Supreme Court critically examined the sequence of events and stated: “Further, divorcing the allegations under Section 376 IPC from the FIR, it appears to this Court that nothing remains in the FIR that is specifically alleged against the Appellants. In fact, the FIR contains no information in regard to the date or time that the alleged offence took place.” Additionally, the Court took into account that the proceedings before the Family Court resulted in a decree of divorce, and the husband had remarried.
The judgment also referred to the rulings in Iqbal alias Bala and others Vs. State of Uttar Pradesh (2023) and Mala Kar and another Vs. State of Uttarakhand (2024), where the Supreme Court exercised its power under Article 142 of the Constitution to quash criminal proceedings in similar circumstances.
Quashing the FIR and Charge Sheet
In light of the legal precedents and the facts of the case, the Bench concluded: “Considering the ratio laid down by this Court in the aforesaid judgments, and especially in the light of the fact that initially the FIR was lodged alleging rape and no charge-sheet was filed for prosecuting the accused for the offence of rape, and keeping in view of the fact that no protest petition was filed thereafter, this Court is of the considered opinion that the FIR is vexatious and seems to be instituted with an ulterior motive only because the husband preferred a divorce petition on 17.06.2021 i.e. much prior to the filing of the FIR against all the family members.” Thus, the Court quashed FIR No. 733/2021 and the charge sheet dated February 2, 2022, allowing the appeal.
Key Takeaways from the Judgment
Ulterior Motive Behind FIR: The Court found that the FIR was lodged as a retaliatory measure after the husband filed for divorce.
General and Omnibus Allegations: The FIR contained no specific details about the alleged offenses, making the accusations legally unsustainable.
No Basis for Criminal Proceedings: The Court noted that no charge sheet was filed for the rape allegation, and the complainant did not challenge this omission.
Judicial Precedents Applied: The ruling aligns with previous judgments where the Supreme Court quashed criminal proceedings that were frivolous and vindictive in nature.
Cause Title: X v. State of Uttar Pradesh & Anr.
Citation: 2025 INSC 203
Bench: Justice B. V. Nagarathna, Justice Satish Chandra Sharma
[Read/Download order]
