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Supreme Court of India 2020-04-24 allowed

Kamlesh Kalra vs Shilpika Kalra & Ors

Bench: 2 — Vineet Saran

In Brief

A wife filed a criminal complaint against her estranged husband, mother-in-law, brother-in-law and sister-in-law for non-return of Stridhan (dowry) articles and harassment more than three years after separation and filing of divorce. The husband promptly deposited all articles listed in the complaint with the investigating officer. The Supreme Court held that the proceedings under Section 498A IPC were time-barred. For the Section 406 IPC charges, while recognizing it as a continuing offence, the Court found the allegations unsustainable and held the complaint constituted an abuse of court process used as pressure in matrimonial proceedings. The Court quashed the FIR entirely, finding the wife's conduct (delay in complaint, lack of prior demand, late submission of additional items) inconsistent with genuine grievance.

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Criminal Procedure Matrimonial Law Dowry Abuse of Process Limitation Dowry Prohibition Act

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