The allegations of the complaint u/s 498a, 406 IPC need to be scrutinized with great care against the Husband, His Parents and close relatives. How to Quash 498a F.I.R

How to Quash 498a F.I.R.

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How to Quash 498a F.I.R.

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How to Quash 498a F.I.R. Punjab-Haryana High Court, A petition has been filed under Section 482 of the Code of Criminal Procedure in the Hon’ble Punjab & Haryana High Court seeking quashing of FIR under Sections 323, 406,  498a, 420, 506 and 120-B of the Indian Penal Code, and all subsequent proceedings arising therefrom on the ground that the petitioners have been falsely implicated in this case. the petitioner No. 1 is the mother-in-law of the complainant aged about 67 years and petitioner No. 2 is the married sister- in-law. A complaint had initially been filed by the complainant before the Superintendent of Police which had duly been investigated into and after investigation, an opinion had been formed that no offence is made out against petitioner No. 1 herein. It is only thereafter that the FIR in question came to be registered.  

The allegations regarding demand of dowry have been raised primarily against the husband while stating that he had solemnized another marriage in Canada. The allegations are general in nature qua the petitioners and are not sustainable. There is no specific allegation or details made out in the FIR to satisfy the ingredients of Sections 406 and 498-A of the IPC against the petitioners. Moreover, petitioner No. 2 is the married sister-in- law and again no specific allegations have been made against her. The Hon’ble high court relied on The Apex Court the judgment rendered in Preeti Gupta and another vs. State of Jharkhand, AIR 2010 SC 3363 that The tendency of implicating husband and all his immediate relations is also not uncommon. 

“At times, even after the conclusion of criminal trial, it is difficult to 4 of 5 ascertain the real truth. The courts have to be extremely careful and cautious in dealing with these complaints and must take pragmatic realities into consideration while dealing with matrimonial cases. The allegations of harassment of husband's close relations who had been living in different cities and never visited or rarely visited the place where the complainant resided would have an entirely different complexion. The allegations of the complaint are required to be scrutinized with great care and circumspection. "

The Hon’ble High court observed that one cannot lose sight of the fact that the petitioner herein has paid some amount to the complainant as full and final settlement as evident from the "Divorce Deed". It is also brought to the notice of this Court that petitioner No. 1 is looking after the minor child born out of the wedlock between the complainant and her son. In view of all facts , the petition was allowed and FIR, under Sections 323, 406, 498-A

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