Court holds that marriage was void due to subsisting earlier marriage; vague allegations and lack of specific role led to quashing of FIR under Sections 498A, 323, 494, 406, and 114 IPC
In a significant ruling delivered on October 22, 2026, the Gujarat High Court, presided by Justice P.M. Raval, quashed the First Information Report (FIR) filed against Hansaben, the mother-in-law of the complainant, in a matrimonial dispute case from Ahmedabad. The FIR had accused her under Sections 498A (cruelty by husband or relatives), 323 (voluntarily causing hurt), 494 (marriage during subsistence of previous marriage), 406 (criminal breach of trust), and 114 (abettor present when offence is committed) of the Indian Penal Code, 1860.
The dispute arose from a marriage solemnized on February 1, 2007, between the complainant (respondent No. 2) and the son of the applicant, Himanshu Natvarlal Chauhan. The complainant alleged ill-treatment and suppression of facts including the husband's remarriage to another woman in 2012. However, the court noted a crucial fact: the complainant's prior marriage to another man was dissolved only on November 20, 2007, after the second marriage had already taken place. As per settled legal principles, the second marriage was null and void due to the subsistence of the first marriage, thereby negating the applicability of Section 498A IPC, which deals with cruelty in a valid matrimonial relationship.
The court also observed that the allegations against the mother-in-law were vague, omnibus, and lacked any specific dates, times, or roles attributable to her, particularly concerning the alleged physical abuse in London in 2014. Without any prima facie material to show her direct involvement or entrustment of property (a sine qua non for criminal breach of trust under Section 406 IPC), the continuation of proceedings against her would amount to abuse of process of law.
Drawing from landmark Supreme Court precedents including State of Haryana v. Bhajan Lal (AIR 1992 SC 604), the court applied the well-established categories for quashing FIRs where allegations do not prima facie constitute an offence or appear to be maliciously instituted. The court held that the case against the mother-in-law squarely fell within multiple categories under Bhajan Lal, such as the allegations being inherently improbable and instituted with ulterior motives.
The judgment also extensively cited Supreme Court rulings underscoring the rampant misuse of Section 498A IPC in matrimonial disputes, cautioning courts against implicating distant relatives or in-laws on generalized allegations without specific evidence. Cases like Preeti Gupta v. State of Jharkhand and Kahkashan Kausar @ Sonam v. State of Bihar emphasized the social consequences and the need to curb misuse of protective provisions intended to safeguard women from cruelty.
The High Court thus exercised its inherent powers under Section 482 of the Criminal Procedure Code to quash the FIR against the applicant, Hansaben, effectively ending the criminal proceedings against her in connection to the matrimonial dispute.
This ruling reiterates the judiciary's cautious approach in matrimonial cases to balance the protection of genuine victims and prevent harassment of innocent family members through frivolous or vexatious litigation.
Bottom Line:
Quashing of FIR - Matrimonial dispute - Mother-in-law sought quashing of FIR under Sections 498A, 323, 494, 406 and 114 IPC - Where complainant's marriage with husband was itself null and void as her earlier marriage subsisted on date of second marriage, offence under Section 498A IPC not attracted - Allegations against mother-in-law were vague, omnibus and lacking specific role - In absence of entrustment, Section 406 IPC also not made out - FIR quashed qua mother-in-law as case fell within categories (1), (3), (5) and (7) of Bhajan Lal.
Statutory provision(s):
Criminal Procedure Code, 1973 Section 482, Indian Penal Code, 1860 Sections 498A, 323, 494, 406, 114
Hansaben W/o. Natwarlal Chauhan v. State of Gujarat, (Gujarat) : Law Finder Doc Id # 3001684
