Delhi High Court Quashes FIR Against Distant Relatives in Matrimonial Dispute

Court Declares Allegations of Cruelty and Criminal Breach of Trust as Baseless and Lacking Substantial Evidence

In a significant judgment, the Delhi High Court quashed the FIR filed against Shashi Arora and her daughter, who were implicated as distant relatives in a matrimonial dispute involving allegations of cruelty and criminal breach of trust. The case, W.P.(CRL) 2711 of 2022, was presided over by Justice Amit Mahajan, who delivered the verdict on November 3, 2025.

The FIR, registered at Police Station Adarsh Nagar, accused Shashi Arora and her daughter of subjecting the complainant, Respondent No. 3, to cruelty and withholding her stridhan, as part of a broader dispute involving her husband and in-laws. However, the court found the allegations against the petitioners to be vague, frivolous, and lacking in substantial evidence.

The court examined the scope of "cruelty" under Section 498A of the Indian Penal Code (IPC) and determined that mere casual references, vague assertions, or general family friction do not meet the statutory threshold required for prosecution. Justice Mahajan emphasized that for conduct to constitute "cruelty," it must be wilful and likely to drive a woman to suicide or cause grave injury.

Additionally, the allegations of criminal breach of trust under Section 406 IPC were deemed generic and unsupported by evidence in the investigation or chargesheet. The court concluded that the continuation of proceedings against the petitioners was unwarranted, as the charges were found to be far-fetched and did not constitute an offence under the IPC.

Justice Mahajan highlighted the misuse of Section 498A, noting the tendency to over-implicate distant relatives in matrimonial disputes without concrete evidence. The judgment referenced several Supreme Court decisions underscoring the need for caution in implicating distant relatives in such cases.

The court exercised its inherent jurisdiction under Section 482 of the Criminal Procedure Code to prevent the abuse of the legal process, quashing the proceedings while allowing the trial court the liberty to take appropriate steps if evidence emerges in the future.

This judgment serves as a reminder of the necessity for substantial evidence in allegations of matrimonial cruelty and criminal breach of trust, particularly concerning distant relatives who do not reside with the complainant.

Bottom Line:

Quashing of FIR - Allegations against distant relatives of husband in matrimonial disputes - Mere casual references, vague assertions, or general family friction cannot constitute "cruelty" under Section 498A IPC. Proceedings quashed in absence of substantial evidence against petitioners.

Statutory provision(s): Indian Penal Code 1860 Sections 498A, 406; Criminal Procedure Code 1973 Section 482

Shashi Arora v. State, (Delhi) : Law Finder Doc Id # 2803619