Supreme Court – Daily Orders
Vedant Shukla vs State Of Madhya Pradesh on 21 January, 2025
Bench: Sudhanshu Dhulia, Prashant Kumar Mishra
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IN THE SUPREME COURT OF INDIA
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO(S). OF 2025
(Arising out of SLP(Crl.)No.449/2024)
VEDANT SHUKLA & ORS. APPELLANT(S)
VERSUS
STATE OF MADHYA PRADESH & ANR. RESPONDENT(S)
O R D E R
1. Leave granted.
2. Heard Mr. Siddharth Aggarwal, learned senior counsel
for the appellants and Mr.Sarthak Raizada, learned counsel
for the respondent-State.
3. Appellant no.1 is the husband of respondent no.2 (wife)
and their marriage was solemnized on 12.02.2011 as per the
Hindu rites and ceremonies. There are no children born from
the wedlock. Due to the marital discord between the parties
an FIR bearing Crime No.123/2020 registered with Mahila
Police Thana, Bhopal for the offences punishable under
Sections 498A, 506 & 34 of Indian Penal Code which was filed
by the wife on 15.10.2020 alleging cruelty and criminal
intimidation on the part of the husband, mother-in-law and
sister-in-law. Meanwhile, due to the mediation, by
Signature Not Verified
relatives, friends and in-laws, there was a settlement
Digitally signed by
Nirmala Negi
Date: 2025.01.24
17:42:14 IST
Reason: between the parties and a joint petition under Section 13B
of the Hindu Marriage Act was filed on 09.01.2021 before the
Court concerned and after the due process as her statement
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was recorded on 09.09.2021, their marriage was dissolved by
decree of divorce on 13.09.2021.
4. It is informed by the learned senior counsel for the
appellants that even prior to the grant of decree of divorce,
in criminal proceedings initiated by the wife, a chargesheet
was filed before the concerned Magistrate on 19.12.2020.
Nothing further happened in the case and even charges have
not been framed as of now. Meanwhile, in the joint petition
filed in the Family Court at Bhopal, where petitioner no.1 is
the wife, the following inter-alia was recorded:-
“XXXXX
10. That, both the parties agree that the complaint
filed by the petitioner no.1 under Section 498A of the
Indian Penal Code1860 shall be resolved on or before
the finalization of this particular petition.”
5. Thereafter, the statement of the wife was also
recorded on 09.09.2021 which inter-alia reads as:-
“XXXXX
7. I had lodged a report of dowry harassment
against Vedant Shukla and his family in the Mahila
Police Station Bhopal, I will not take any action in
that matter in the concerned competent forum/Court.”
6. Since, the respondent-wife did not comply with the
undertaking, a petition was filed under Section 482 of the
Code of Criminal Procedure by the appellant no.1 before
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the High Court bringing all the relevant facts as has been
referred to in the preceding paragraph before the High Court
with the prayer to quash the proceedings. Nevertheless, the
said petition of the appellant no.1 was dismissed by the
High Court for the reason given below:-
“7. I am of the considered view that a criminal case
under Sections 498A, 506 & 34 of the IPC cannot be
quashed merely on the basis of a statement recorded in
Family Court in a petition for mutual divorce by the
parties.”
7. Be that as it may, we have gone through the FIR, apart
from making their statement regarding demand of dowry
criminal intimidation etc., there are no details of such an
incident. Learned senior counsel for the appellants relied
upon the judgment of this Court in the cases of “Ruchi
Agarwal vs. Amit Kumar Agrawal & Ors., reported in 2005(3)
SCC 299 and in “Mohd.Shamim & Ors. vs. Nahid Begum (Smt) &
Anr., reported in 2005 (3)SCC 302 where on the similar
conduct of the wife, criminal proceedings were indeed
quashed.
8. For the reasons stated above, we allow this appeal and
set aside the order of the High Court dated 19.10.2023.
9. Accordingly, the criminal proceedings arising out of
FIR bearing Crime No.123/2020 registered with Mahila Police
Thana, Bhopal for the offences punishable under Sections
498A, 506 & 34 of Indian Penal Code are hereby quashed.
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10. Pending application(s), if any, shall stand disposed
of.
………………..J.
[SUDHANSHU DHULIA]
……………….J.
[PRASHANT KUMAR MISHRA]
New Delhi;
January 21, 2025.
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ITEM NO.14 COURT NO.13 SECTION II-A
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (Crl.) No(s). 449/2024
[Arising out of impugned final judgment and order dated 19-10-2023
in MCRC No. 19751/2023 passed by the High Court of Madhya Pradesh
Principal Seat at Jabalpur]
VEDANT SHUKLA & ORS. PETITIONER(S)
VERSUS
STATE OF MADHYA PRADESH & ANR. RESPONDENT(S)
(IA No. 271212/2024 – EXEMPTION FROM FILING O.T.
Date : 21-01-2025 This matter was called on for hearing today.
CORAM : HON’BLE MR. JUSTICE SUDHANSHU DHULIA
HON’BLE MR. JUSTICE PRASHANT KUMAR MISHRA
For Petitioner(s) Mr. Siddharth Aggarwal, Sr. Adv.
Mr. Pallav Mongia, AOR
Mr. Anubhav Mishra, Adv.
Mr. Amritesh Krishna, Adv.
Mr. Shashank Dwivedi, Adv.
Mr. Pareekshit Bishnoi, Adv.
For Respondent(s) Ms. Mrinal Gopal Elker, AOR
Mr. Sarthak Raizada-g.a., Adv.
Ms. Chhavi Khandelwal, Adv.
UPON hearing the counsel the Court made the following
O R D E R
Leave granted.
The present appeal is allowed in terms of the signed order,
which is placed on the file.
Pending application(s), if any, shall stand disposed of.
(NIRMALA NEGI) (RENU BALA GAMBHIR) COURT MASTER (SH) ASSISTANT REGISTRAR