498A Quash after Chargesheet 09.09.2019- Karnataka High Court - No Specific material available against the Mother-in-law. F.I.R Quashed.
498A Quash after Chargesheet 09.09.2019- in this article, Karnataka High Court held that the wife has not narrated any specific instance of cruelty meted out to her by the mother-in-law, nor has the investigation agency collected any material to show that the wife was ill-treated in the matrimonial home. The material on record is not sufficient to make out an offense under Sections 498A and 506 of IPC against the mother-in-law herein. Therefore, the Criminal proceedings against the mother-in-law are hereby quashed.
Case Brief- 498A Quash after Chargesheet 09.09.2019
According to the facts mentioned in the F.I.R. filed by the wife, the marriage between the wife and her husband was solemnized on 27.02.2011 and at the time of the marriage, the parents of the wife gave a huge quantity of gold and silver articles to the husband by the way of dowry.
It is stated that after the marriage, the husband, and the mother-in-law were alleged to have subjected the wife to cruelty and harassment by making further demands of dowry for expanding their business.
Upon this, the wife filed the F.I.R. dated 10.06.2014 registered by the Station House Officer at the Police Station, J.P. Nagar for the offenses punishable under Sections 498A and 506 read with Section 34 of IPC and Sections 3 & 4 of the Dowry Prohibition Act against her husband and mother-in-law.
After the investigation, a chargesheet was filed and submitted by the police against the husband and the Mother-in-law of the wife.
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Arguments- 498A Quash after Chargesheet 09.09.2019
The advocate, appearing on behalf of the mother-in-law, submitted that the allegations made in the complaint, even if accepted at the face value, do not constitute the ingredients of the offenses punishable under Sections 3 and 4 of the Dowry Prohibition Act.
It is also submitted that the alleged demand was made for the expansion of the business of the husband and the mother-in-law, and not by way of dowry and as such, the ingredients of the provisions of the Dowry Prohibition Act are not attracted.
It is further submitted that the allegations made against the mother-in-law attracting section 498A are vague and uncertain.
Arguments- 498A Quash after Chargesheet 09.09.2019
Furthermore, it is also submitted that there is no material to prove even a single instance of cruelty meted out to the wife and in the said circumstances, the charges under Sections 498A and 506 of IPC are baseless and the case against the mother-in-law is malafide and vexatious.
Therefore, he prayed for quashing the F.I.R. and the Chargesheet dated 10.06.2014 against the mother-in-law.
On the other hand, the SPP appearing on behalf of the State argued in support of the impugned action, contending that, the allegation made against the mother-in-law prima facie makes out the ingredients of the offenses.
Therefore, it was prayed that there is no reason to quash the proceedings instituted against the mother-in-law.
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Court’s Opinion- 498A Quash after Chargesheet 09.09.2019
It is stated that the marriage between the wife and the husband was performed on 27.02.2011 and a complaint was lodged on 10.06.2014 alleging that at the time of marriage, the dowry amount was paid into the hands of the husband.
It is also stated that though it is alleged that the said amount was paid to the husband, at the instance of the mother-in-law, there is no material to substantiate this allegation.
It is further stated that after the marriage, the husband and wife were residing together and during this period, the husband and the mother-in-law are alleged to have demanded from the wife to bring money from her parental house to expand their business.
Court’s Opinion- 498A Quash after Chargesheet 09.09.2019
This allegation, if accepted as true, it does not make out the ingredients of the offense under the provisions of the Dowry Prohibition Act.
It is also stated that insofar as the allegations under Sections 498A and 506 of IPC are concerned, on going through the chargesheet, it is seen that the case of the wife is that two months after the marriage, the wife was ill-treated and harassed in the matrimonial home.
But the wife has not narrated any specific instance of cruelty meted out to her by the mother-in-law, nor has the investigation agency collected any material to show that the wife was ill-treated in the matrimonial home.
Court’s Opinion- 498A Quash after Chargesheet 09.09.2019
On the other hand, the material allegations are confined to the demand alleged to have been made by the husband, and the mother-in-law was interested to get money from the wife for the purpose of expansion of business, it is highly improbable that they would subject her to cruelty.
In view of the above discussion, the court held that taking into consideration all the above facts and circumstances, the court is of the view that the material on record is not sufficient to make out an offense under Sections 498A and 506 of IPC against the mother-in-law herein.
It is also held that the records indicate that the husband committed suicide on 19.07.2014 and as a result, the proceedings against him are dismissed as abated.
Therefore, the petition is allowed and the chargesheet and F.I.R. dated 10.06.2019 registered by the Station House Officer at the Police Station, J.P. Nagar for the offenses punishable under Sections 498A and 506 read with Section 34 of IPC and Section 3 & 4 of the Dowry Prohibition Act, and the entire proceedings pending against the mother-in-law are hereby quashed.
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Conclusion- 498A Quash after Chargesheet 09.09.2019
In this article, Karnataka High Court held that taking into consideration all the above facts and circumstances, the court is of the view that the material on record is not sufficient to make out an offense under Sections 498A and 506 of IPC against the mother-in-law herein.
It was also held that the wife has not narrated any specific instance of cruelty meted out to her by the Mother-in-law, nor has the investigation agency collected any material to show that the wife was ill-treated in the matrimonial home.
Therefore, the F.I.R. against the petitioner is hereby quashed.
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