The J&K and Ladakh High Court quashed a 498A dowry FIR, holding it to be a retaliatory case filed after the husband’s second marriage. The Court stressed that vague, delayed, and inconsistent allegations cannot be used to abuse criminal law.
Jammu & Kashmir: The High Court of Jammu & Kashmir and Ladakh at Srinagar has quashed an FIR under Sections 498-A IPC and Sections 3 & 4 of the Dowry Prohibition Act, filed after husband’s second marriage, considering it the abuse of process.
The petitioners challenged the FIR by invoking the inherent powers of the Court, stating that multiple civil and quasi-criminal proceedings had already been initiated earlier and that the FIR was lodged later with mala fide intent.
According to the petitioners, the marriage took place in 2016 and a child was born from the wedlock. They alleged that marital disputes arose later and despite efforts at reconciliation, the relationship could not continue, leading to divorce pronounced on three occasions.
They further contended that the wife had already been living separately since 2022 and had not raised any dowry allegations in earlier proceedings. The dowry allegations were introduced only after the husband’s second marriage, clearly indicating misuse of criminal law.
On the other hand, the police and the complainant wife defended the FIR, stating that she was subjected to mental and physical cruelty and dowry harassment. It was alleged that her father had taken a bank loan and paid money to the husband. The police claimed that bank transactions and statements under Sections 161 and 164 CrPC supported the allegations and that a charge-sheet was ready to be filed.
After examining the FIR, earlier litigation, and statements on record, the High Court bench of Justice Sanjay Parihar found serious inconsistencies. The wife had admitted she was thrown out of the matrimonial home in July 2022, yet did not file any criminal complaint at that time. The FIR was lodged only after the husband’s second marriage in 2023, which the wife herself admitted was the reason for approaching the police. This clearly showed that the criminal law was set in motion as a counterblast to the second marriage and pending disputes.
While analysing the legal position, the High Court relied on State of Haryana v. Bhajan Lal, the Court reiterated the settled principle that criminal proceedings can be quashed where they are malicious or motivated by personal vendetta. Further it referred to Preeti Gupta v. State of Jharkhand, where the Supreme Court warned courts to act with caution in such cases.
The High Court also noted that in recent decision of Rajesh Chaddha v. State of Uttar Pradesh, where the Supreme Court has cautioned against vague and omnibus allegations against husbands and relatives without clearly stating their role, especially when criminal law is used as a pressure tactic in matrimonial disputes.
The Court noticed the absence of specific dates, incidents, or details in the FIR and statements. Referring to a recent Supreme Court ruling, it quoted:
“The tendency of invoking these sections, without mentioning any specific details weakens the case of prosecution and casts serious aspersions on the viability of complaint. Therefore, this court cannot ignore the missing specifics in an FIR which is premise of invoking criminal machinery of the State.”
Rejecting the argument that the High Court cannot interfere once a charge-sheet is ready, the Court reiterated that inherent powers exist to prevent abuse of process. It held that continuation of the proceedings would only result in harassment of the petitioners and misuse of criminal law
Finally, the High Court concluded that criminal law cannot be used to settle personal scores and ruled:
“The criminal process cannot be permitted to be used as a tool for settling personal scores or satisfying individual vendetta.”
Accordingly, the FIR and all proceedings arising from it were quashed to prevent further harassment of the petitioners
This judgment once again reinforces the principle that while genuine cases of cruelty must be protected, false and retaliatory use of Section 498A IPC will not be tolerated by constitutional courts.
Explanatory Table: All Laws & Sections Involved In This Case
| Law/ Provision | Section | Explanation | How Applied in this Case |
| Indian Penal Code, 1860 | Section 498A | Punishes cruelty by husband or his relatives | Court held that vague, delayed and retaliatory allegations without specifics amount to misuse |
| Indian Penal Code, 1860 | Section 506 | Criminal intimidation | Added during investigation, but no specific threats or dates were disclosed |
| Dowry Prohibition Act, 1961 | Sections 3 & 4 | Punishment for giving or demanding dowry | Alleged dowry demand was absent in earlier proceedings, raising serious doubt |
| Code of Criminal Procedure, 1973 | Section 482 | Inherent powers of High Court | Used to quash FIR to prevent abuse of process |
| Code of Criminal Procedure, 1973 | Section 161 | Police examination of witnesses | Statements contained no specific instances of cruelty |
| Code of Criminal Procedure, 1973 | Section 164 | Magistrate-records statement | Wife’s statement was only four lines, with no concrete details |
Case Summary
- Case Title: Shakeel-ul-Rehman and Anr vs Station House Officer, Women Police Station Anantnag & Anr, CRLM No. 150/2024,along with CRM(M) No. 162/2023
- Court: High Court of Jammu & Kashmir and Ladakh at Srinagar
- Bench / Judge: Hon’ble Mr. Justice Sanjay Parihar
- FIR No.: 06/2023
- Date Details:
- Judgement Reserved on 12.12.2025
- Judgement pronounced on 26.12.2025
- Judgement uploaded on 26.12.2025
- Counsel for Petitioners: Mr. Sheikh Younis, Advocate
- Counsel for Respondents: Mr. Ilyas Nazir Laway, Government Advocate
Key Takeaways
- 498A Is Not a Revenge Tool: Courts will not allow criminal law to be used to punish a husband for divorce or second marriage.
- Vague Allegations Don’t Survive: No dates, no incidents, no specifics—omnibus cruelty and dowry claims invite quashing.
- Delay Exposes Mala Fide Intent: Long silence followed by an FIR after marital fallout signals abuse of process.
- Multiple Cases are no Proof: Filing maintenance and DV cases first does not automatically justify a later 498A FIR.
- High Courts Will Intervene: Section 482 CrPC remains a strong shield for innocent men against retaliatory prosecutions.
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