Supreme Court of India.
Credit: PTI Photo
New Delhi: The Supreme Court has rejected a plea by a granddaughter-in-law of late former Governor and senior BJP leader Lalji Tandon against quashing of summons issued to her husband and his parents in a case of dowry harassment in view of inconsistencies in her complaint and contrary statement, amounting to a clear abuse of process of the court.
"We find absolutely no reason to interfere with the invocation of the extraordinary power under Section 482, CrPC which, as rightly held by the High Court, secures the ends of justice and puts to naught a criminal proceeding," a bench of Justices Sudhanshu Dhulia and K Vinod Chandran said.
Dismissing the special leave petition filed by Disha Kapoor, the court noticed, the Allahabad High Court and the Lucknow court which even issued summons to her husband, and his parents on a complaint filed under Section 156(3) CrPC found many inconsistencies in her versions.
The petitioner claimed she was thrown out of the house initially on September 28, 2020 but she returned to her matrimonial home on October 08, 2020 and October 16, 2020. She also claimed to have made a complaint to the Deputy Chairman of the Women Commission but there is no record to show a proper complaint, the court said.
"We cannot but also observe that there is no specific allegation of any physical violence except for vague statements made about the petitioner having been beaten up, in which she sustained a fracture and having been subjected to physical and mental torture. There is no evidence of a treatment undergone to substantiate the allegation; especially when the petitioner is said to have suffered a fracture," Justice Chandran wrote in a 10-page judgment of May 8, 2025, on part of the bench.
The court also pointed out despite the allegation of physical and mental torture as also the demand of dowry, the petitioner has moved the Family Court for restitution of conjugal rights, after the petition under Section 12 of the Hindu Marriage Act was filed by the husband for annulment of marriage.
"Strangely it has also been stated in the affidavit that a cheque of Rs 50,000 was given by the husband to the wife on October 26, 2020 for the purpose of purchasing gifts for ‘Karwa Chauth’ and Diwali, which was after September 28, 2020, the date on which the petitioner alleged she was thrown out of her matrimonial home. It is also after October 08, 2020; the date on which the petitioner alleged she returned to the matrimonial home, when she was threatened and thrown out by the entire family," the bench said.
The petitioner had named 10 persons in the complaint, her husband, his parents, two brothers of his father, their wives and three children of three brothers.
The Magistrate on November 08, 2023 found many contradictions in her stand, and said there was no case to summon any of the persons named in the complaint, except, the husband, father-in-law and mother-in-law of the complainant.
The marriage of the parties took place on December 11, 2019, which according to the petitioner, was initiated and carried out with much pomp and ceremony by the grandfather of the groom, a very respected person who had also been the Governor of a State.
The petitioner alleged that while the grandfather of her husband was alive, she was treated with dignity. As soon as he died, mental and physical harassment commenced, not only from her husband and his parents but also from the larger family, comprising of two brothers of the father-in-law who are also very influential and one of them holding a Minister’s post in the Uttar Pradesh Government.
Separately, the petition filed for annulment of marriage by her husband was allowed and another plea filed by the petitioner for restitution of conjugal right was dismissed by a common judgment. An appeal against the judgment of the Family Court was still pending.
The court said it went on to decide the case on the merits as its efforts to settle and to give a quietus to the disputes could not succeed.