FIR against petitioner deemed retaliatory following second marriage; allegations found inconsistent with previous proceedings.
In a recent judgment dated December 26, 2025, the Jammu and Kashmir High Court quashed an FIR filed against Shakeel-ul-Rehman and his mother, which alleged cruelty and dowry demands under Sections 498A of the IPC and Section 4 of the Dowry Prohibition Act, 1961. The FIR, registered at the Women's Police Station in Anantnag, was deemed an abuse of the legal process, having been lodged as a retaliatory measure after Shakeel-ul-Rehman contracted a second marriage.
The judgment, delivered by Mr. Justice Sanjay Parihar, noted that the allegations were inconsistent with previous proceedings initiated by the complainant under Section 125 Cr. PC for maintenance and the Domestic Violence Act. These proceedings were initiated following the divorce between the complainant and Shakeel-ul-Rehman, which was finalized after multiple attempts at reconciliation failed. The court observed that the complainant's grievances primarily stemmed from the second marriage and that the FIR lacked specific details, making it appear motivated by personal vendetta.
During the investigation, it was revealed that the complainant's father had allegedly taken a loan from J&K Bank to fulfill dowry demands, yet these allegations were not raised in the initial maintenance and domestic violence proceedings. The court found this delay and omission in reporting the alleged dowry demands suspicious and indicative of an attempt to misuse legal provisions for personal reasons.
Justice Parihar emphasized the need for sparing use of the court's inherent powers under Section 482 of the CrPC, but concluded that in this case, the continuation of criminal proceedings would amount to an abuse of the process of law. He underscored the importance of preventing the misuse of legal processes, especially in matrimonial disputes where allegations can often be exaggerated or fabricated.
The court's decision aligns with recent Supreme Court observations on the misuse of Section 498A IPC in matrimonial disputes, stressing the necessity of scrutinizing such complaints carefully to prevent frivolous prosecutions.
Bottom Line:
Abuse of process of law - FIR alleging cruelty and dowry demand quashed when initiated as retaliatory measure after second marriage of petitioner - Allegations found inconsistent with earlier proceedings and lacking specific details.
Statutory provision(s):
- Indian Penal Code, 1860 Section 498A
- Dowry Prohibition Act, 1961 Section 4
- Criminal Procedure Code, 1973 Section 482
- Bharatiya Nagarik Suraksha Sanhita, 2023 Section 175
