SUMAN MISHRA & ORS. versus THE STATE OF UTTAR PRADESH & ANR.

SUMAN MISHRA & ORS. versus THE STATE OF UTTAR PRADESH & ANR.

Given that the primary allegation of rape (Section 376 IPC) against the brother-in-law was not proceeded with in the charge-sheet, no protest petition was filed, the FIR was lodged about two months after the husband's divorce petition and contained general and omnibus allegations without specifics (date/time), and the High Court had undertaken only a cursory analysis, the FIR No.733/2021 and the charge-sheet dated 02.02.2022 were vexatious and instituted with an ulterior motive; therefore, in the peculiar facts and circumstances the Supreme Court quashed the FIR and charge-sheet.

Parties
Appellants: Suman Mishra & Ors.; Appellant No.3: Rishal Kumar; Respondents: The State of Uttar Pradesh & Anr.; Respondent No.2 / Complainant: Priyanka Mishra
Jurisdiction
India
Judgment Date
11 February 2025
Procedural Posture
Criminal Appeal Against High Court Order Under Section 482 Cr PC / Final Judgment by the Supreme Court Allowing the Appeal
Outcome
Appeal allowed
Legal Topics
Quashing, Section 482 Cr PC, Dowry Prohibition Act, Section 376 IPC (dropped), Vexatious FIR, Divorce
Criminal Procedure Criminal Law Family Law Quashing Section 482 Cr PC Dowry Prohibition Act Section 376 IPC (dropped) Vexatious FIR +1 more

Case Brief

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Parties

Suman Mishra & Ors.

Appellants

Rishal Kumar

Appellant No.3

The State of Uttar Pradesh & Anr.

Respondents

Priyanka Mishra

Respondent No.2 / Complainant

Procedural Posture

Criminal Appeal Against High Court Order Under Section 482 Cr PC / Final Judgment by the Supreme Court Allowing the Appeal

Legal Issues

  1. 1 Whether the High Court erred in finding specific allegations in the FIR and charge-sheet after dropping Section 376 IPC and thus erred in dismissing the quashing petition

Ratio Decidendi

Given that the primary allegation of rape (Section 376 IPC) against the brother-in-law was not proceeded with in the charge-sheet, no protest petition was filed, the FIR was lodged about two months after the husband's divorce petition and contained general and omnibus allegations without specifics (date/time), and the High Court had undertaken only a cursory analysis, the FIR No.733/2021 and the charge-sheet dated 02.02.2022 were vexatious and instituted with an ulterior motive; therefore, in the peculiar facts and circumstances the Supreme Court quashed the FIR and charge-sheet.

Court Disposition

Appeal allowed

Orders

  • FIR No. 733/2021 quashed
  • Charge-sheet dated 02.02.2022 quashed