As per case facts, the Petitioner's wife passed away due to natural medical conditions after leaving their matrimonial home. The Respondent (wife's mother) filed an FIR alleging dowry demand and ...
CRM-M-38567-2025 (O&M) -1-
IN THE HIGH COURT OF PUNJAB AND HARYANA
AT CHANDIGARH
CRM-M-38567-2025 (O&M)
Reserved on: November 07, 2025
Date of decision/pronouncement: December 17, 2025
Date of uploading: December 17, 2025
GURPREET SINGH
……Petitioner
Versus
UNION TERRITORY OF CHANDIGARH AND ANOTHER
……Respondents
Present: Mr. Gautam Dutt, Senior Advocate with
Mr. Shahzad Singh Teji, Advocate and
Mr. Farhad Kohli, Advocate for the applicant/petitioner.
Mr. Ajay Kumar Lamdharia, Addl. P.P. U.T., Chandigarh.
Mr. Sunil Chadha, Sr. Advocate with Ms. Devyani Sharma,
Advocate and Mr. Gurjant Singh Swaich, Advocate for respondent
no.2.
CORAM : HON’BLE MR. JUSTICE ALOK JAIN
ALOK JAIN, J.
1. The present petition has been filed under section 528 of BNSS,
2023 inter alia seeking quashing of FIR No.27 dated 07.05.2023 registered at
Women Police Station, Sector–17, Chandigarh, District Chandigarh under
Sections 406 and 498-A Indian Penal Code, as well as challan filed under
Section 193 of the BNSS, 2023 by the prosecution and subsequent proceeding
arising there from, qua petitioner.
2. The factual matrix as narrated by the learned Senior counsel for the
petitioner is that on 16.01.2022 petitioner was married to the daughter (since
deceased and hereinafter referred to as “wife”) of respondent no. 2/complainant.
On account of the wife’s inability to consummate the marriage, she willfully left
CRM-M-38567-2025 (O&M) -2-
the company of the petitioner on 14.11.2022. The said fact is also apparent from
the WhatsApp conversation exchanged between the petitioner and his wife,
wherein both expressed their intention to obtain a decree of divorce by mutual
consent. However, before any step could be taken toward that course, the wife
suffered certain health issues, due to which she was admitted to hospital on
24.03.2023. At this point, it has been emphasized that these above-said health
issues were not on account of any harassment or cruelty by the petitioner.
Unfortunately, in the meantime, when the wife was in hospital, her condition
deteriorated despite medical intervention, and after battling with the medical
exigencies she passed away on 06.04.2023. It is pointed out that throughout this
period, the petitioner remained unaware of his wife’s serious illness and
subsequent demise, as his in-laws did not inform him of the situation and he
came to know about the same through his colleague. After the demise of the
wife, the petitioner informed the police authorities that he had been threatened.
The complainant initially gave the statement that no action needs to be taken but
subsequently got lodged the present FIR in question and accordingly challan
was presented before the learned trial court on 30.04.2024. Hence this petition.
3. Notice of motion was issued on 21.07.2025 and the complainant
has put in appearance. Both the State and respondent no.2 have filed replies and
addressed arguments.
4. Learned Senior counsel for the petitioner opened his arguments by
submitting that there is a huge delay in lodging the FIR, as the wife passed
away due to her medical condition on 06.04.2023. However, the complaint was
lodged by the complainant on 12.04.2023, only with regard to the allegation
harassment of wife for demand of dowry. After investigation, FIR was
registered on 07.05.2023, and the challan was presented on 30.04.2024. Learned
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Senior counsel further submitted that as per the medical record the wife was
suffering from ‘super refractory status epilepticus’. Learned Senior counsel
vehemently submitted that the wife remained admitted in the Max Hospital for
13 days, before she left for her heavenly abode, but the complainant, who is the
mother-in-law of the present petitioner, never informed the petitioner about the
deteriorating health condition of his wife (since deceased), despite the petitioner
being a doctor himself. In fact, the petitioner came to know about the demise of
his wife only through his colleague. Learned Senior counsel also submitted that
the petitioner attended the cremation as well as antim ardas of his wife, but on
the very next day, he was allegedly threatened by the complainant, and the same
was immediately reported by the petitioner to the SHO on 07.04.2023. Learned
Senior counsel also relied upon the WhatsApp chat between the petitioner and
the wife (Annexure- P-5), and pointed out that there was nothing which could
demonstrate that there was any sort of cruelty during the period of ten months
when the parties had lived together.
5. The learned Senior counsel for the petitioner has emphatically
relied upon certain WhatsApp messages exchanged between the petitioner and
the wife (deceased) while they were living separately, wherein it is evident that
both were discussing for seeking divorce by mutual consent and the relevant
extract of the transcripts is read as below: -
Yatinder S: Yes
Gurpreet S: We should be on the same pace. We both
want the same thing and our peace is in living
separately as simple as that. It may even take a year,
six months and may be two years.
Yatinder S: Exactly
Gurpreet S: I don't know
Yatinder S: Yes Exactly It should not take more as
you are telling that it is possible in two months
Gurpreet S: Yes
CRM-M-38567-2025 (O&M) -4-
Yatinder S: But the thing is
Gurpreet S: Yes I am telling you that it should not be
inhuman as you also say the same thing. We also don't
have illegal money to give.
Yatinder S: Gurpreet I promise you if my parents ask
10 more than I will give you by my own
Gurpreet S: I am telling you
Yatinder S: I am telling you please
Gurpreet S: You better know my financial condition. I
have already told you.
Yatinder S: And I will be honest and you would have
come to know in eleven months that neither my mom is
selfish nor am I. I hope you know that.
Gurpreet S: Yes I know that. I know that. That's why I
am talking to you upfront
Yatinder S: I will also try to help even if mom will ask
for extra three lakhs then I will say to mom that don't
do this. Might be I am liar but I won’t grab anyone's
hard-earned money like this which might not have
been happily given by someone. I know there are trust
issues between us but neither I am selfish and nor I
am having any intention to loot you. I am also
frustrated and annoyed as you are. I understand this
that what was spent that will be asked for and in that
not even two lakhs will be extra from my side. Okay.
Gurpreet S: Okay
Yatinder S: You have to believe me on this thing
Gurpreet S: ok
Yatinder S: It's not like that normally we hear from
people that some even demand of crores.
Gurpreet S: In that case Yatinder it's like sometime
the person is defaulter or otherwise they see the
financial condition.. how much they have
Yatinder S: Gurpreet I don't know this in detail. I
have studied law but it is not that I have studied only
divorce.
Gurpreet S: Yes I am only saying that we have
decided it mutually
Yatinder S: I have told you long time ago earlier that
mom talked to me that the expenses of marriage what
we have spent and your expenses will also be
considered and after calculating mutually it will be
decided
Gurpreet S.: Yes
CRM-M-38567-2025 (O&M) -5-
Yatinder S. In that case no one will listen to us your
mom dad will sit and all respectables will decide.
Rather they will say you were not able to settle your
life in eleven months and now for alimony you are
together. But we have to be very calm which is not
there in both of us. For that calmness we have to be
silent. We cannot afford this negativity daily and we
both have to understand this and have patience.
6. Learned Senior counsel for the petitioner submits that the present
FIR deserves to be quashed only on account of shady investigation, as the
petitioner had submitted the entire WhatsApp communication between him and
his wife along with the certificate under Section 65-B of the Indian Evidence
Act, however, despite the same, the investigating agency completely ignored the
said evidence to correctly reach to any conclusion. Even the challan presented
before the learned Trial Court, does not show any consideration to the primary
material related to the case. Moreover, no objection was ever raised
regarding the authenticity of the above-mentioned chats.
7. To substantiate his arguments, learned Senior counsel for the
petitioner, has relied upon the judgments passed by the Hon’ble Supreme Court
in the case of
Geddam Jhansi and Another Versus State of Telangana and
Others
[2025 SCC OnLine SC 263] and Shobhit Kumar Mittal Versus State
of Uttar Pradesh and Another
[2025 livelaw(SC) 945] whereby it was held
that the criminal cases arising out of matrimonial disputes have to be scrutinized
with great care, taking into account pragmatic realities. It is further held that the
courts have to be careful and cautious while dealing with such complaints and
the allegations and circumspection in order to prevent miscarriage of justice and
abuse of process of law. General allegations of harassment without pointing out
any specific details would not be sufficient to continue criminal proceeding
against any person.
CRM-M-38567-2025 (O&M) -6-
8. Learned Senior counsel while concluding his arguments submitted
that the charges have yet not been framed and continuity of the proceedings
before the trial court would only be a futile exercise in the absence of any
cogent or convincing evidence against the petitioner and thus prayed for
quashing of the present FIR as well as subsequent proceedings arising
therefrom.
9. Per contra, Learned Senior counsel for respondent no.
2/complainant submitted that the complainant had lost her young daughter on
account of the harassment, humiliation and demand of dowry made by the
petitioner. The complainant and the prosecution will prove the same by leading
cogent evidence. It is further submitted that the wife was subjected to
harassment and was not even permitted to enter the matrimonial house.
Moreover, the wife was forced to return back to her parental house. Learned
Senior counsel for the respondent no. 2/complainant further contended that the
petitioner had raised a dowry demand of Rs.50 lakhs, as he intended to establish
his own hospital and respondent no.2/complainant was compelled to sell her
land to pay an amount of Rs.10 lakhs to the petitioner. However, despite
fulfilling the demands according to the capacity of respondent no.
2/complainant, her daughter was subjected to severe maltreatment, which
ultimately led to her demise. It is submitted by the learned Senior counsel that
respondent no.2/complainant had incurred huge amount of approximately Rs.14
lakh on the treatment of wife and for which she has sought reimbursement of
the medical expenses, however, despite that, the petitioner knowing the fact that
the medical expenses were borne by the complainant, had objected to the
release of all the dues to the respondent no.2/complainant by writing a letter
dated 30.06.2023. In furtherance to the above averments, learned Senior counsel
CRM-M-38567-2025 (O&M) -7-
for respondent no.2/complainant has laid emphasis on Annexure R-2/1 and
submits that the conduct and mens rea of the petitioner is clearly reflected from
the same. Hence, the ingredients of Section 406 and 498-A are fully complied
with.
10. Learned Senior counsel appearing for respondent no.
2/complainant has also taken the Court through Annexures P-12 & P-13 to point
out that action had been taken by the complainant on the very date of death of
the complainant’s daughter. Learned Senior counsel further submitted that there
exists a contradiction in the medical records qua the cause of death. According
to the death summary issued by the Max hospital, the cause of death is recorded
as “sepsis with septic shock” whereas in the final report, cause of death is
mentioned as “Lobar Pneumonia”, a natural cause. It is submitted that the said
anomaly goes to the root of the matter, as the actual cause of death would
require determination.
11. As regards to the arguments of inordinate delay in lodging the
complaint and the FIR is concerned, Learned Senior counsel for respondent no.
2/complainant submitted that the complainant had informed the police on the
very date of daughter’s demise. It is further submitted that considering the
sudden death of her young daughter and the emotional trauma suffered by the
complainant, the delay cannot be viewed adversely. It is further emphasized
that, after the cremation, when the complainant regained composure, she
immediately lodged the complaint. Dehors the above, the delay in registering of
FIR is neither fatal nor does it entitle the petitioner to derive any benefit,
particularly in a case of alleging dowry related cruelty. Learned counsel for
respondent no.2/complainant put heavy reliance upon para no.8 of the reply
filed by respondent no.2 wherein specific rebuttal has been made to the
CRM-M-38567-2025 (O&M) -8-
averments contained in para no.4 of the present petition which is reads as
under:-
“8. That the petitioner has summed up his
whole alleged case in paragraph no. 4 of the
petition under reply in as much as, all the
grounds on the basis of which the petitioner has
sought quashing of the FIR (Annexure P-1) as
well as the challan (Annexure P-2) are stated in
the said paragraph. Rest of the averments made
in the petition under reply are just the repetition
of the grounds stated in said paragraph no. 4 of
the petition under reply. Therefore, in order to
avoid repetition, suffice is to submit reply to the
contents of paragraph no. 4 of the petition
under reply and the same reads thus:
4. That the contents of paragraph no. 4 of the
petition under reply are wrong and denied. It is
absolutely wrong to state that there is not even
an iota of truth in the allegations of cruelty
which have been levelled against the petitioner
in the FIR (Annexure P-1). It is further wrong to
state that the FIR (Annexure P-1) is nothing but
an abuse of the process of the law. With regard
to the averment that the police refused to
register the FIR, suffice is to state that the
alleged inquest report dated 24.11.2023
(Annexure P.17) of the deceased came to be
submitted after a period of more than seven and
half month from the date of death of the
deceased and the same is based upon the
alleged final opinion dated 02.11.2023
(Annexure P-16), which itself is after a time gap
of almost seven months from the date of death
of the deceased and still further, the said report
dated 02.11.2023 is not in sync with the cause
of death mentioned in the death summary dated
06.04.2023 (Annexure P-7). The deceased had
not been living separately from the petitioner or
her in-laws out of her own choice and rather
she was forced to leave her matrimonial home
on account of not meeting with the illegal
demand of dowry of the petitioner and his
parents. It is further wrong to state that the
CRM-M-38567-2025 (O&M) -9-
petitioner and the deceased were planning to
file a divorce by mutual consent under Section
13-B of the Hindu Marriage Act, 1955.
The
deceased, who was otherwise absolutely
medically fit before being admitted to the
hospital on 24.03.2023, and was having no
health issues earlier, after being told that
either she and her widow mother i.e. the
complainant/answering respondent have to
meet the demand of dowry else she will have
to settle for divorce, the deceased suffered
huge mental trauma from which she could
never recover and ultimately died on
06.04.2023.
In case, both the parties had
agreed to take mutual divorce, as is being
sought to be alleged/projected by the petitioner,
there was no reason for the petitioner and his
family not to attend the last rites of the paternal
grandmother of the deceased. who passed away
on 21.11.2022, and thereafter not to visit the
hospital even once where the deceased herself
remained lying admitted from 24.03.2023 till
06.04.2023 It is absolutely wrong to state that
the marriage between the petitioner and the
deceased was never consummated during the
period of ten months during which they lived
together. Period of eleven months after
marriage was too short a period for filing any
complaint with the police regarding the demand
of dowry, especially when the mother of the
deceased herself is a widow and she
(complainant) as well as her deceased daughter
were trying for an amicable solution so that the
deceased could be happily rehabilitated in her
matrimonial home. Answering respondent
/complainant even paid an amount of Rs. 10
Lakhs to the petitioner and his parents for
satisfying their lust/demand of dowry/money. It
is absolutely wrong to state that the petitioner
got the FIR (Annexure P-1) registered after a
month. In fact, on the very next day of the
deceased having died on 06.04.2023, answering
respondent got lodged the complaint with the
police on 07.04.2023, which resulted into the
registration of DDR No. 39 dated 07.04.2023.
CRM-M-38567-2025 (O&M) -10-
In this view of the matter, it is absolutely wrong
to state that the registration of the FIR
(Annexure P-1) and the challan (Annexure P-2)
is nothing but an abuse of the process of the
law. It is worth mentioning here that once the
answering respondent no. 2/complainant
applied to the Cooperative Department, Punjab
for the release of service benefits and medical
reimbursement of dues of her deceased
daughter, petitioner herein objected to the same
by alleging that he is the only legal heir of the
deceased being her husband, which act of his
shows his greed for money. The objection dated
30.06.2023 (ANNEXURE R-2/1) raised by the
petitioner to the release of aforesaid monetary
benefits to the answering respondent no.
2/complainant finds mention in the letter no.
1906 dated 17.12.2024 (ANNEXURE R-2/2)
addressed by the office of Assistant Registrar,
Cooperative Societies. Kharar to the answering
respondent no. 2.”
12. Learned Senior counsel for respondent no.2/complainant has relied
upon the judgments passed by the Hon’ble Supreme Court in the case of
Munshiram Versus State of Rajasthan [2018(4) JT 136] and Central Bureau
of Investigation Versus Arvind Khanna
[2019 (156) SCL798] wherein it has
repeatedly been held that the High Court must not quash an FIR under Section
482 Cr.P.C when the allegations require factual investigation, particularly
concerning the mental state of the deceased or surrounding circumstances. Since
essential aspects in the present case remain to be investigated, quashing at the
threshold would be improper. Further the reliance has been passed on the
judgments passed by this Hon’ble High Court in the case of
Anupama Singla
and anothers Versus Rubesh
[CRM-M-51028-2023] and Ramesh Chandar
Shivhare Versus State of Punjab and Another
[CRM-M-3004-2023], wherein
the issue with regard to the admissibility of WhatsApp messenger’s chat was
considered and it was held that it is the sole prerogative of the learned Trial
CRM-M-38567-2025 (O&M) -11-
Court to determine the same at an appropriate stage, after examining the
evidence so adduced before it and any interference by this court with regard to
the disputed factual questions is impermissible in law.
13. Lastly, the Learned Senior counsel for respondent no.2/
complainant argued that the petitioner's heavy reliance on the WhatsApp
conversation between the petitioner and the wife cannot be taken into
consideration at this stage in the absence of the mandatory certificate under
Section 65-B of Indian Evidence Act (corresponding Section 63 of BNSS). In
the absence of any such certificate, the chats remain inadmissible at this stage,
and at the best, the petitioner may rely upon the above said documents in his
defence, before the Trial Court. Learned Senior counsel submitted that so far as
the exercise of power under Section 528 of the BNSS is concerned, such
inadmissible evidences cannot be considered and relied upon.
14. At this stage, Learned Senior counsel for the petitioner in rebuttal
to the above arguments with regard to non-compliance of Section 65-B of
Indian Evidence Act submitted that the WhatsApp chats were duly provided to
the investigating agency along with the mandatory certificate during
investigation. Even earlier also, when the petitioner had approached this Court
seeking grant of anticipatory bail, neither did the investigating agency nor the
complainant had raised any hue and cry with regard to the veracity of the said
communication before this Court and the petitioner was granted Anticipatory
Bail vide order 20.08.2024. Learned counsel submitted that even in the challan
presented before the Trial Court it has not been objected by the prosecution that
the WhatsApp Chats were not supported by the mandatory certificate. Although,
it was the duty of the prosecution to have looked into such technicalities,
CRM-M-38567-2025 (O&M) -12-
nevertheless, there was no denial or objection to the authenticity of these
communications even by the complainant as well.
15. Learned State counsel also submitted on the same lines as that of
the Learned Senior counsel for respondent no.2/complainant and has
summarized the arguments by submitting that the High Court cannot run a mini
trial while exercising its power under Section 528 of the BNSS (corresponding
Section 482 Cr.PC). Moreover, the parties have to lead evidence which will be
tested by the trial Court at an appropriate stage. Hence, in light of the fact that
the present petition involves disputed questions of facts which are to be
determined before the learned Trial Court, the present petition seeking quashing
of the FIR falling short of any merit and the same deserves to be dismissed.
16. Heard learned Senior counsels for the parties as well as learned
State Counsel and perused the record. No other argument has been advanced by
the parties and therefore the issues which needs to be adjudicated in the present
petition are as follows:
I.Whether the allegations contained in the FIR, if taken at their face
value and accepted in their entirety, disclose that the prima-facie
ingredients constituting the offences punishable under Sections 406
and 498-A of the Indian Penal Code are made out?
II.Whether, in the facts and circumstances of the case, continuation of
criminal proceedings would amount to an abuse of the process of
law, thereby entitling the petitioner to the relief of quashing of the
FIR and all consequential proceedings under Section 528 of the
BNSS (corresponding Section 482 Cr.P.C)?
17. Before adverting to the factual matrix, it is apposite to reproduce
the statutory provisions contained under Section 406 and 498-A of the Indian
Penal Code, which are necessary to adjudicate on the first issue, and the
same be read as under: -
CRM-M-38567-2025 (O&M) -13-
Section 406- Punishment for criminal breach of trust: Whoever
commits criminal breach of trust shall be punished with
imprisonment of either description for a term which may extend to
three years, or with fine, or with both.
Section 498A- Husband or relative of husband of a woman
subjecting her to cruelty:
Whoever, being the husband or the
relative of the husband of a woman, subjects such woman to
cruelty shall be punished with imprisonment for a term which may
extend to three years and shall also be liable to fine.
Explanation—For the purposes of this section, “cruelty” means—
a.any wilful conduct which is of such a nature as is likely to
drive the woman to commit suicide or to cause grave injury or
danger to life, limb or health (whether mental or physical) of the
woman; or
b.harassment of the woman where such harassment is with a
view to coercing her or any person related to her to meet any
unlawful demand for any property or valuable security or is on
account of failure by her or any person related to her to meet such
demand.]”
18. The basic and essential ingredients of Section 498-A of IPC are
that, the women must have been subjected to “cruelty”, which can either be, by
way of wilful behaviour, so grave that, it endangers the woman’s life, causes
serious harm to her physical or mental health, or is of such a nature, that could
drive her to commit suicide; and Secondly, the harassment must have been done
with an intent to pressurize the woman or her family to fulfil unlawful demands
for property or valuable security. Therefore, there must be some identifiable
unlawful demands and acts of cruelty which clearly linked the instances of
harassment for non-fulfilment of those unlawful demands, and Section 406 of
IPC applies only when entrustment, dominion over the property, and dishonest
misappropriation thereby, are alleged.
19. From the perusal of the record there is nothing in the FIR or in the
challan which could demonstrate that the wife was subjected to any cruelty,
much less on non-fulfilment on account of any demand of dowry. The
CRM-M-38567-2025 (O&M) -14-
allegations qua the demand of Rs.50 lakhs by the petitioner from the respondent
no.2/complainant and alleged payment of Rs.10 lakhs to the petitioner were not
even substantiated by any specific date, time or place, much less any
corroborating document. Furthermore, the investigation authorities have failed
to examine that whether the alleged transfer of Rs.5 lakh by the respondent no.
2/complainant in the account of her own daughter (deceased wife) was ever
demanded by the petitioner or had he ever got the said money transferred into
his account.
20. Furthermore, the material fact, which requires consideration of this
court is the WhatsApp conversation (chats) between the petitioner and his wife,
which clearly demonstrates the actual reason behind their separation. In fact, in
the said-chats, the wife herself expressed her distress and guilt over her inability
to consummate the marriage. The perusal of the chats clearly demonstrates that
the petitioner, being a matured and understanding husband consistently assuring
and emotionally supporting his wife and even made her understand that, the
relationship between husband and wife is much more than the physical
intimacy. The messages apparently reflect that the petitioner harbored no regrets
with regard to the non-consummation of their marriage. Nonetheless, the
conversation not only shows the intellectual maturity of the petitioner but also
reveals the emotional bond shared by the spouses, negating any inference of
harassment or cruelty.
21. It is apposite to discuss another significant aspect emerging from
the WhatsApp chats exchanged between the petitioner and his wife, wherein she
explicitly acknowledged her mother's temperament and clearly conveyed that,
even if her mother (the present respondent no. 2/complainant) demanded
additional money to facilitate a mutual separation, the petitioner should make
CRM-M-38567-2025 (O&M) -15-
the initial payment, which wife would subsequently repay in due course of time.
The said communication is material, as it demonstrates the deceased wife’s own
understanding of the situation and her intention to shield the petitioner from any
unwarranted financial burden. Therefore, in this backdrop, the allegation
regarding the demand for dowry loses much of its force.
22. Considering the prima facie allegations made in the FIR, then also,
there is no specific date, time, place or much less any specific incident which
could substantiate allegation of harassment on account of dowry demand and
due to its non-payment. Moreover, so far as the allegation of demand of Rs.10
lakhs by the petitioner for establishment of own hospital/clinic is concerned, it
is pertinent to observe that the petitioner is an Anaesthetist by profession. His
work inherently requires him to attend multiple hospitals and operation theatres
for performing his professional duties and therefore, in such circumstances, the
allegation that he demanded dowry for setting up a hospital of his own does not
inspire much confidence, as an Anaesthetist, the petitioner has no clinical
functions, which would necessitate establishment of an independent
clinic/hospital.
23. Apart from the above, the perusal of medical record of wife shows
that, the wife was admitted to the hospital on 24.03.2023 and unfortunately, she
passed away on 06.04.2023 i.e., almost after 13 days of hospitalization. The
Postmortem Report when read in conjunction with the subsequent FSL Report,
clearly demonstrate that no poison was detected in the body of the wife and the
cause of death was “Lobar Pneumonia”, which is a natural cause. Therefore,
from medical perspective also, there is nothing, which could show that the wife
was subjected to cruelty and her condition or health deteriorated due to the
alleged cruelty. On the contrary, it is also relevant to consider that despite
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petitioner being a doctor by profession, he was never been informed about the
deteriorating health condition of his wife, and the said fact was not even denied
by the learned counsel for the respondent no. 2/complainant.
24. So far as the provision of Section 406 of IPC is concerned, the perusal
of the FIR reflects that except the vague allegations that “gold articles were
given,” no list or particulars were ever provided at any stage by the respondent
no. 2/complainant, nor does the challan contain any material showing that any
property was entrusted or misappropriated by the petitioner. Rather, the record
indicates that all belongings of the deceased wife had already been returned by
the petitioner. Therefore, in the absence of material particulars of entrustment or
dishonest intention, prima facie there is nothing which could attract the
provision of Section 406 Indian Penal Code.
25. The forgoing discussion with regard to the circumstances assume
significance, as this court is of the firm view that even if the allegations are
accepted to be true, then also, the same do not confirm to the essential
ingredients of the offence punishable under Section 498-A and 406 of IPC. This
Court finds that the allegations contained in the FIR are not only vague but also
bereft of particulars and moreover the challan also, fails to point to any act of
wilful conduct or harassment inflicted by the petitioner that could satisfy the
statutory definition of “cruelty”. There is not even any medical record or other
document which could prima facie shows that the health of the wife
deteriorated due to the alleged harassment or cruelty by the petitioner. Equally,
the record does not contain any material particulars of entrustment or dishonest
misappropriation necessary to constitute criminal breach of trust.
26. It is settled principle of law that in order to constitute an offence
under section 498-A IPC, the allegations must disclose specific instances
CRM-M-38567-2025 (O&M) -17-
supported by particulars with regard to the date, time, and place of alleged
harassment or cruelty. The Hon’ble Supreme Court has consistently held that
that criminal law cannot be permitted to operate on vague, omnibus, or
inherently improbable allegations in matrimonial disputes, and that continuation
of proceedings in such cases would itself cause injustice. The present FIR and
the challan fail to satisfy the foundation requirements to attract the ingredients
of Section 498-A and Section 406 of IPC. Moreover, the material on record
reflects that petitioner had always lived with integrity and who had always
loved and cared his wife.
27. Moving to the second issue framed by this Court, it has been
observed that the FIR was lodged only after the death of the wife with a delay
of six days, though not fatal per se, however it remained unexplained by the
respondent no.2/complainant as to why the alleged harassment/cruelty on
account of demand of dowry was never reported during the life time of the
deceased-wife when she had returned to her parental home and started residing
there much before the hospitalization. This delay assumes significance in the
backdrop of the admitted facts that the petitioner and the deceased were married
on 16.01.2022, and that the daughter of the respondent no. 2/complainant
returned to her parental home on 14.11.2022. During this entire period, not a
single incident was ever reported to the police authorities regarding any alleged
demand of dowry or harassment. Furthermore, the record does not reveal even a
single communication or any effort made on the part of the respondent no.
2/complainant to engage with the parents of the petitioner to ascertain the
reasons for the couple’s separation. Upon perusal of the material placed on
record, it appears plausible that the deceased may have disclosed to the
respondent no. 2/complainant, her inability to consummate the marriage, and
CRM-M-38567-2025 (O&M) -18-
since no dispute had arisen that could have been addressed in the public
domain, there existed no reason for the respondent no. 2/complainant to move
any complaint against the petitioner at an earlier point in time. The mere fact
that the spouses were contemplating divorce or that the marriage was strained
cannot, be construed as evidence of cruelty or culpability for the medical
condition or death of the deceased. Nonetheless, as per the final medical
opinion and FSL report, the cause of death of petitioner wife was “Lobar
Pneumonia,” which is a natural cause, and there is an absence of any material
linking the petitioner to the illness or treatment.
28. Further, the WhatsApp chats clearly reflect the respondent
no.2/complainant’s temperament and the wife (since deceased) efforts to protect
the petitioner from financial burden while moving ahead for mutual separation
speaks voluminous. Moreover, the objection raised by the counsel for the
respondent no. 2-complainant with regard to compliance of provision contained
under section 65-B of the Evidence Act, does not contain much force for the
reason that the same had already submitted by the petitioner before the
investigation agency and the same was not disputed by the learned State
Counsel. Moreover, the complainant had never objected to the content of the
WhatsApp Chats at any point in time therefore, the non-filing of such certificate
before this court is not prejudicial to any of the parties.
29. In furtherance to above discussion and to answer above-stated issue
no. 2, it is necessary to reproduce the relevant extract of the recent judgment
passed by the Hon’ble Supreme Court in the case of
Pardeep Kumar
Kesarwani versus the State of Uttar Pardesh and Anothers (2025 SCC
OnLine SC),
whereby four-step test has been laid down, directing the High
CRM-M-38567-2025 (O&M) -19-
Courts to consider while quashing the criminal case. The relevant extract is
reproduced as under:
“20. The following steps should ordinarily determine the veracity
of a prayer for quashing, raised by an accused by invoking the
power vested in the High Court under Section 482 of the Cr.P.C.:
(i) Step one, whether the material relied upon by the accused is
sound, reasonable, and indubitable, i.e., the materials is of sterling
and impeccable quality?
(ii) Step two, whether the material relied upon by the accused,
would rule out the assertions contained in the charges levelled
against the accused, i.e., the material is sufficient to reject and
overrule the factual assertions contained in the complaint, i.e., the
material is such, as would persuade a reasonable person to dismiss
and condemn the factual basis of the accusations as false.
(
iii) Step three, whether the material relied upon by the accused,
has not been refuted by the prosecution/complainant; and/or the
material is such, that it cannot be justifiably refuted by the
prosecution/complainant?
(iv) Step four, whether proceeding with the trial would result in an
abuse of process of the court, and would not serve the ends of
justice?
If the answer to all the steps is in the affirmative, judicial
conscience of the High Court should persuade it to quash such
criminal – proceedings, in exercise of power vested in it under
Section 482 of the Cr.P.C. Such exercise of power, besides doing
justice to the accused, would save precious court time, which
would otherwise be wasted in holding such a trial (as well as,
proceedings arising therefrom) specially when, it is clear that the
same would not conclude in the conviction of the accused. [(See:
Rajiv Thapar & Ors. v. Madan Lal Kapoor (Criminal Appeal No.
174 of 2013)]”
30. Upon examining the present matter, through the prism of the
arguments advanced and the material placed on record, it becomes evident
that the present matter satisfies each constituent element of the four-step test
laid down in the above-mentioned judgment for the following reasons:
a) Firstly, the petitioner has placed reliance on the FSL Report
(medical record) of the wife, wherein the cause of death is
stated to be “Lobar Pneumonia”, a natural cause. The
petitioner further relied upon the WhatsApp chats exchanged
between him and his wife and which were also supplied by the
petitioner along with the mandatory certificate to the
investigating agency, which clearly reflects the positive, happy
and understanding relationship, that both the petitioner and his
CRM-M-38567-2025 (O&M) -20-
wife had share and it is also reflected that both had mutually
decided to seek a divorce and that their separation was not due
to any cruelty. Moreover, the ingredients of these documents are
not disputed by the counsel opposite and hence can be reliable.
b) Secondly, it is apparent from the material on record that the
general allegations without any particulars with regard to date,
event or instance of cruelty have been made. At the same time
the WhatsApp conversation showed contrary to the allegations
levelled in the FIR and suggests that the both had mutually
agreed to part their ways as the wife showed her inability to
consummate the marriage and despite the fact that the
petitioner had showed the emotional and intellectual maturity
to handle such a situation by giving assurance to the wife with
regard to the sacramental nature of the marriage much more
than the physical intimacy. Nonetheless, the cause of death is
natural and is unrelated to any alleged harassment or cruelty
on account of demand of dowry and the allegations were
levelled only after the death of the wife and there was no
complaint or any effort by the complainant or her daughter at
any earlier point in time with regard to such cruelty.
Considering the record in its entirety the allegations levelled
seem to be unfounded and without any basis.
c) Furthermore, this court has to see as to whether the State or the
complainant has disputed any documents so produced by the
petitioner, then it has been observed by this court that apart
from the objection with regard to requirement of Certificate
under Section 65 B of Indian Evidence Act, the complainant or
state had not raised any challenge to the ingredients and the
authenticity of the WhatsApp conversation. There was no
material from the prosecution side to show that the petitioner’s
evidence was doubtful or incorrect. In fact, the prosecution did
not produce anything that contradicted the petitioner’s version.
Nor they offered any plausible explanation for withholding
filing of complaints.
d) Having considered the above, the Court assessed whether
allowing the criminal proceedings to continue would serve any
useful purpose. The Court noted the unexplained delay in
lodging the FIR and the fact that it was registered only after the
wife’s death, despite the couple having lived separately for
several months without any earlier complaint. The absence of
foundational facts, coupled with the lack of material supporting
the statutory ingredients of the alleged offences, further
weakened the allegations contained in the FIR. The medical
record ruled out any unnatural cause of death, and the
WhatsApp chats showed no indication of cruelty at any stage.
Rather, it is the petitioner who appears to have a legitimate
grievance that respondent no. 2/complainant did not inform him
about the deteriorating health condition of his wife. In these
circumstances, permitting the proceedings to continue would
not only result in subjecting the petitioner to an unwarranted
criminal trial, when the basic elements of the alleged offences
CRM-M-38567-2025 (O&M) -21-
were entirely missing, but also undermine the fundamental
principles that guide the criminal justice system.
To conclude the above, the criminal law cannot be invoked as a
matter of ritual or sentiment; it is a solemn process which must rests on specific,
credible, and legally sustainable allegations. Where the factual substratum is
missing and the evidentiary foundation is absent, the Court cannot permit the
continuation of proceedings which would only be a burden on an individual
without serving any justice. To permit such a prosecution to linger on would
amount to transform the process of law into a tool of hardship rather than a
vehicle for truth.
31. In light of the above discussion, the present petition is allowed and
the FIR No.27 dated 07.05.2023 registered at Women Police Station, Sector–17,
Chandigarh, District Chandigarh under Sections 406 and 498-A Indian Penal
Code, as well as challan filed under Section 193 of the BNSS, 2023 by the
prosecution and subsequent proceeding arising there from, are quashed qua
petitioner.
32. Pending application(s), if any, also stands disposed of accordingly.
(ALOK JAIN)
17.12.2025 JUDGE
Deepak Patwal
1. Whether speaking/reasoned Yes/No
2. Whether reportable Yes/No
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