498A Quash Judgment 19.09.2019- Madhya Pradesh High Court: Case Against Married Sister-in-Laws living separately is an Abuse of Process of Court, 498A FIR Quashed
498A Quash Judgement 19.09.2019- In this article, Madhya Pradesh High Court held that Case Against Married Sisters-in-Law living separately is an abuse of the process of the Court. The Sisters-in-law of the wife should not be roped in on the basis of omnibus allegations unless specific instances of their involvement in the crime are made out. Therefore, the Criminal proceedings against the Sisters-in-law are hereby quashed.
Case Brief- 498A Quash Judgement 19.09.2019
According to the facts mentioned in the FIR filed by the wife, the marriage between the wife and her husband was solemnized on 04.02.2018.
It is stated that in the marriage, the father of the wife had given dowry as per his capacity, but the In-laws of the wife were not satisfied with the dowry.
It is also stated that the wife could not bring more dowry, so she was harassed and ill-treated by her husband and other family members.
Upon this the wife filed the F.I.R. dated 06.01.2019 at the Police Station, district Pachore, alleging offenses punishable under Sections 498A, 506/34 of IPC and Sections 3, 4 of the Dowry Prohibition Act, 1961 against her Sisters-in-law.
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Read the latest Article- 498A Quash Judgement 01.11.2022- Andhra Pradesh High Court - General and Omnibus Allegations against the Brother-in-law. F.I.R Quashed.
Arguments- 498A Quash Judgement 19.09.2019
The advocate appearing on behalf of the Sisters-in-law submitted that both sisters-in-law are residing separately and both are married long back and the marriage of the wife was performed in the year 2018.
It is also submitted that both the sisters-in-law had never resided with the wife.
It is further submitted that vague and omnibus allegations have been made against all family members of the husband of the wife, therefore, there is no prima facie evidence against the sisters-in-law to compel them to face the ordeal of the trial.
The advocate also stated that a false report has been lodged by the wife.
Arguments- 498A Quash Judgement 19.09.2019
Furthermore, it is submitted that it is a settled principle of law that if the F.I.R. did not disclose the commission of the offense, the court would be justified in quashing the proceedings in order to prevent the abuse of the process of law.
Therefore, he prayed for the quashing of F.I.R. and Criminal Proceedings against the Sisters-in-law.
On the other hand, the advocate appearing on behalf of the State opposed the same and submitted that there are specific allegations against the Sisters-in-law for the demand of dowry and harassment.
Therefore, it is prayed to reject the petition of the Sisters-in-law and there is no question of quashing of F.I.R. filed by the wife.
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Referred Judgements- 498A Quash Judgement 19.09.2019
- Sabir Hussain and Others Vs. State of M.P. & Anr.
- Keshav Singh Tomar and Others Vs. State of M.P. & Anr.
- K. Subha Rao & Ors. Vs. The State of Telangana & Ors.
- State of Haryana Vs. Bhajan Lal
- Kans Raj Vs. State of Punjab & Ors.
- Kalash Chandra Agarwal and Another Vs. State of Uttar Pradesh & Others
Court’s Opinion- 498A Quash Judgement 19.09.2019
It is decided by the Supreme Court in a case that the explanation of the term Cruelty is divided into two categories. The first is willful conduct of such nature which is likely to drive the woman to commit suicide or to cause danger to the life, and health (whether mental or physical) of the woman.
The second is harassment with a view to coerce her or any of her relatives to meet any unlawful demand of any property or valuable security or on account of failure by the woman or any person related to her to meet such demand.
It is also stated by the Apex Court that the courts should be careful while quashing the prosecution against the distant relatives in the crime pertaining to matrimonial disputes and dowry deaths.
It is further stated that when the wife makes allegations against her In-laws, the relatives of the husband should not be roped in on the basis of omnibus allegations, they can only be roped in when the specific instances of their involvement in the crime are made out.
Court’s Opinion- 498A Quash Judgement 19.09.2019
Furthermore, it is also stated that the Criminal Proceedings are not normally interdicted by the courts at the interlocutory stage unless there is an abuse of the process of a court and at the same time, the court does not hesitate to interfere to secure the ends of justice.
In the present case, the court held that it appears that the prosecution launched against the Sisters-in-law is an abuse of the process of the court.
The court also held that the court is of opinion that a prima facie case has not been made out against the Sisters-in-law for the proceedings against them under Sections 498A, 506/34 of IPC and Sections 3, 4 of the Dowry Prohibition Act, 1961.
It is further stated that the court deems it appropriate to quash the F.I.R. dated 06.01.2019 at the Police Station, district Pachore, alleging offenses punishable under Sections 498A, 506/34 of IPC and Sections 3, 4 of the Dowry Prohibition Act, 1961 against the Sisters-in-law.
Therefore, the petition filed under section 482 of CrPC is hereby allowed and the F.I.R. at the Police Station, district Pachore, alleging offenses punishable under Sections 498A, 506/34 of IPC and Sections 3, 4 of the Dowry Prohibition Act, 1961 along with all the consequential proceedings against the Sisters-in-law are hereby quashed.
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Conclusion- 498A Quash Judgement 19.09.2019
In this article, Madhya Pradesh High Court held that it is a settled principle that when the wife makes allegations against her In-laws then the relatives of the husband should not be roped in on the basis of omnibus allegations, they can only be roped in when the specific instances of their involvement in the crime are made out.
The court also held that the court is of opinion that a prima facie case has not been made out against the Sisters-in-law for the proceedings against them under Sections 498A, 506/34 of IPC and Sections 3, 4 of the Dowry Prohibition Act, 1961.
The court further held that it appears that the prosecution launched against the Sisters-in-law is an abuse of the process of the court.
Therefore, the F.I.R. against the petitioners is hereby quashed.
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