The Rajasthan High Court has quashed criminal proceedings initiated against Sister-in-Law (Jethani) in a matrimonial dispute, observing that there was no prima facie material showing her involvement in the alleged acts of dowry demand or harassment. The Court held that broad and general allegations, without any specific role attributed to the accused, could not justify her prosecution.
Background of the Case
The petition was filed by Indra Devi, who challenged an order of the Judicial Magistrate, Bharatpur, taking cognizance against her under Sections 498A, 406 and 323 of the IPC along with Sections 4 and 6 of the Dowry Prohibition Act. The order had later been upheld by a revisional court.
According to the record, the complainant was married to Lal Singh. Following marital discord between the couple, legal proceedings commenced. During the investigation of the criminal case, police found sufficient material only against the husband and filed a charge sheet against him, while a negative final report was submitted regarding other family members, including the petitioner.
Subsequently, an application under Section 319 of the Code of Criminal Procedure was moved seeking action against additional family members. After the matter was reconsidered, the Magistrate took cognizance against the petitioner and certain other relatives.
Court's Observations
Justice Anoop Kumar Dhand examined the circumstances surrounding the dispute and noted that the petitioner was the complainant's sister-in-law (Jethani). The Court also took note of the fact that the complainant and her husband were employed in government service and were residing at their respective places of posting, while the petitioner lived separately at her own matrimonial home.
The Court observed that the investigating agency had not found evidence supporting the petitioner's involvement and had not charge-sheeted her during the investigation.
Referring to the allegations in the case, the bench observed,
“No specific overt act has been assigned to the petitioner to show exactly in what manner she abused and harassed the complainant for demand of dowry.”
The Court further noted that the accusations against the petitioner were general, omnibus and vague in nature. It found that there were no clear allegations explaining how she allegedly subjected the complainant to cruelty or harassment.
Justice Dhand also relied upon principles laid down by the Supreme Court in Preeti Gupta v. State of Jharkhand, where caution was expressed regarding the tendency to implicate multiple relatives in matrimonial disputes without specific allegations.
Decision
Allowing the petition, the Rajasthan High Court held that no prima facie case was made out against Indra Devi for the offences for which cognizance had been taken.
The Court quashed the Judicial Magistrate's order dated 23 January 2023 as well as the revisional court's order dated 26 June 2023.
With these findings, the criminal miscellaneous petition was allowed and all pending applications were disposed of.
Case Details:
Case Title: Smt. Indra Devi v. State of Rajasthan & Anr.
Case Number: S.B. Criminal Miscellaneous (Petition) No. 4161/2023
Judge: Justice Anoop Kumar Dhand
Decision Date: 01 May 2026
