498A Quash Judgment 30.10.2019-Distant relatives having no specific allegations, proceedings of 498A are Quashed
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| 498A Quash Judgment 30.10.2019 |
490A Quash Judgement 30.10.2019- In this article, the Allahabad High Court held that the In-laws are distant relatives of the husband of the wife, they do not appear to have any role in the present case and there are no specific allegations against them. No specific allegations have been leveled against the In-laws of having demanded additional dowry. Therefore, the Criminal Proceedings against the In-laws are hereby quashed.
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Case Brief- 490A Quash Judgement 30.10.2019
According to the facts mentioned in F.I.R. filed by the wife, the marriage between the wife and her husband was solemnized on 26.02.2019 according to the Hindu Rites and at the time of marriage huge amount of cash, a motorcycle, and other household goods were provided to the husband.
It is stated that after the marriage when the wife reached her matrimonial home, some days thereafter her husband, brothers-in-law, sisters-in-law, and cousin aunt-in-law started passing adverse comments in respect of her looks and also with regard to less dowry having been brought at the time of marriage.
It is also stated that when this fact was brought to the knowledge of the father of the wife, the husband, and In-laws at her matrimonial home tried to be convinced by the father of the wife, but that led to the annoyance of the husband, mother-in-law, brothers and sisters-in-law, and they all abused the father of the wife. Thereafter, the father of the wife took the wife to her parental home.
It is further stated that two months thereafter, the Father and Uncle of the wife went to the matrimonial home of the wife and tried to convince people at the matrimonial home, and having been convinced, the wife was again sent to her matrimonial home.
Case Brief- 490A Quash Judgement 30.10.2019
According to the facts mentioned in F.I.R. filed by the wife, the marriage between the wife and her husband was solemnized on 26.02.2019 according to the Hindu Rites and at the time of marriage huge amount of cash, a motorcycle, and other household goods were provided to the husband.
It is stated that after the marriage when the wife reached her matrimonial home, some days thereafter her husband, brothers-in-law, sisters-in-law, and cousin aunt-in-law started passing adverse comments in respect of her looks and also with regard to less dowry having been brought at the time of marriage.
It is also stated that when this fact was brought to the knowledge of the father of the wife, the husband, and In-laws at her matrimonial home tried to be convinced by the father of the wife, but that led to the annoyance of the husband, mother-in-law, brothers and sisters-in-law, and they all abused the father of the wife. Thereafter, the father of the wife took the wife to her parental home.
It is further stated that two months thereafter, the Father and Uncle of the wife went to the matrimonial home of the wife and tried to convince people at the matrimonial home, and having been convinced, the wife was again sent to her matrimonial home.
Case Brief- 490A Quash Judgement 30.10.2019
It is also stated that subsequently, the wife became pregnant, but again she began to be ill-treated, and her family members started beating her on small things.
Furthermore, it is stated that when the girl child was born to the wife soon thereafter demand for a huge amount of cash and a refrigerator was again started to be made to her parental home and this time the said demand was being made by the husband of the wife.
Other members of the matrimonial home used to abuse the father of the wife, and it was declared that in case their demands are not fulfilled, the wife would not be allowed to stay in her matrimonial home.
It is also stated that when the wife began to be ill-treated, the father of the wife again took her back to her parental house.
Upon this, the wife filed the F.I.R. under Sections 498A, 323, 504, 506 of IPC and Section 3/ 4 of the Dowry Prohibition Act at the Police station, District Sant Kabir Nagar, against her husband, cousin aunt-in-law, one cousin sister-in-law, two brothers-in-law, one co-sister-in-law, and two married sisters-in-law. Later chargesheet was filed and submitted by the police against the husband and In-laws of the wife.
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Read Latest Article- 498A Quash after Chargesheet 27.09.2022- Andhra Pradesh High Court-No Specific Allegation made against Brother-in-law. F.I.R Quashed.
Arguments- 490A Quash Judgement 30.10.2019
The advocate appearing on behalf of the one cousin sister-in-law, cousin aunt-in-law, two sisters-in-law, two brothers-in-law, and one co-sister-in-law submitted that these In-laws are distant relatives of the husband of the wife.
It is also submitted that no specific allegations of any demand of dowry have been made against the In-laws in the F.I.R. and only general allegations have been leveled against them.
It is further submitted that a compromise has been taken between the husband and the wife, in a case under Section 125 CrPC, and the judgement and order dated 13.07.2019 passed in the said case.
It is also submitted that the wife and her husband have filed a divorce petition under section 13B of the Hindu Marriage Act before the family court, which is pending, and the same is likely to be decreed very soon.
The advocate appearing on behalf of the one cousin sister-in-law, cousin aunt-in-law, two sisters-in-law, two brothers-in-law, and one co-sister-in-law submitted that these In-laws are distant relatives of the husband of the wife.
It is also submitted that no specific allegations of any demand of dowry have been made against the In-laws in the F.I.R. and only general allegations have been leveled against them.
It is further submitted that a compromise has been taken between the husband and the wife, in a case under Section 125 CrPC, and the judgement and order dated 13.07.2019 passed in the said case.
It is also submitted that the wife and her husband have filed a divorce petition under section 13B of the Hindu Marriage Act before the family court, which is pending, and the same is likely to be decreed very soon.
Arguments- 490A Quash Judgement 30.10.2019
Furthermore, it is submitted that the Investigating Officer has not paid attention to the fact that there are general allegations leveled against the In-laws and there were no roles of these In-laws in the present occurrence and yet a chargesheet has been submitted, which is nothing but abuse of process of the court and this is a no injury case.
Therefore, he prayed for the quashing of the F.I.R. chargesheet and criminal proceedings against the one cousin sister-in-law, cousin aunt-in-law, three sisters-in-law, and two brothers-in-law.
On the other hand, the A.G.A. appearing on behalf of the State opposed the prayer of quashing F.I.R and criminal proceedings, but could not controvert the aforesaid facts.
Therefore, it is prayed for not quashing the criminal proceedings and F.I.R filed by the wife against the cousin aunt-in-law, sisters-in-law, and brothers-in-law.
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Referred Judgements- 490A Quash Judgement 30.10.2019
Court’s Opinion- 490A Quash Judgement 30.10.2019
It is stated that on the basis of FIR, an investigation was made by the Investigation Officer and a chargesheet has been submitted against the cousin sister-in-law, cousin aunt-in-law, sisters-in-law, and brothers-in-law along with the husband, who is facing trial separately.
It is also stated that perusal of the chargesheet would suggest that two married sisters-in-law reside in different houses at different addresses.
The cousin sister-in-law and aunt-in-law are also shown to be residing at different addresses, while the co-sister-in-law and two brothers-in-law are shown to be residing in the same house with the husband.
It is further stated that it appears from the perusal of the contents of the F.I.R. that no specific allegations have been leveled against the In-laws for having demanded an additional dowry of a huge amount of cash and a refrigerator.
Court’s Opinion- 490A Quash Judgement 30.10.2019
It is stated that on the basis of FIR, an investigation was made by the Investigation Officer and a chargesheet has been submitted against the cousin sister-in-law, cousin aunt-in-law, sisters-in-law, and brothers-in-law along with the husband, who is facing trial separately.
It is also stated that perusal of the chargesheet would suggest that two married sisters-in-law reside in different houses at different addresses.
The cousin sister-in-law and aunt-in-law are also shown to be residing at different addresses, while the co-sister-in-law and two brothers-in-law are shown to be residing in the same house with the husband.
It is further stated that it appears from the perusal of the contents of the F.I.R. that no specific allegations have been leveled against the In-laws for having demanded an additional dowry of a huge amount of cash and a refrigerator.
Court’s Opinion- 490A Quash Judgement 30.10.2019
It is also stated that it may also be taken into consideration that the said demand would benefit the husband only or at the most parents of the husband of the wife, but it is apparent that the mother and father-in-law of the wife have already expired, hence there does not appear to be any concern of the accused In-laws.
Furthermore, the court placed reliance on the law laid down by the Hon’ble Supreme court that it is often seen that the In-laws of the victim are normally implicated falsely even if there are no specific allegations against them, therefore, they should not be summoned.
In view of the above discussion, the court held that the accused In-laws being distant relatives of the husband of the wife do not appear to have any role in the present case and there are no specific allegations against them.
Therefore, the criminal proceedings and the F.I.R. under Sections 498A, 323, 504, 506 of IPC and Section 3/ 4 of the Dowry Prohibition Act at the Police station, District Sant Kabir Nagar, against the cousin aunt-in-law, one cousin sister-in-law, two brothers-in-law, one co-sister-in-law, and two married sisters-in-law are hereby quashed.
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It is also stated that it may also be taken into consideration that the said demand would benefit the husband only or at the most parents of the husband of the wife, but it is apparent that the mother and father-in-law of the wife have already expired, hence there does not appear to be any concern of the accused In-laws.
Furthermore, the court placed reliance on the law laid down by the Hon’ble Supreme court that it is often seen that the In-laws of the victim are normally implicated falsely even if there are no specific allegations against them, therefore, they should not be summoned.
In view of the above discussion, the court held that the accused In-laws being distant relatives of the husband of the wife do not appear to have any role in the present case and there are no specific allegations against them.
Therefore, the criminal proceedings and the F.I.R. under Sections 498A, 323, 504, 506 of IPC and Section 3/ 4 of the Dowry Prohibition Act at the Police station, District Sant Kabir Nagar, against the cousin aunt-in-law, one cousin sister-in-law, two brothers-in-law, one co-sister-in-law, and two married sisters-in-law are hereby quashed.
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_________________________________________________Conclusion- 490A Quash Judgement 30.10.2019
In this article, the Allahabad High Court held that no specific allegations have been leveled against the In-laws for having demanded an additional dowry of a huge amount of cash and a refrigerator.
It was also held that In-laws are distant relatives of the husband of the wife, they do not appear to have any role in the present case and there are no specific allegations against them.
Therefore, the F.I.R. against the petitioners is hereby quashed.
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Conclusion- 490A Quash Judgement 30.10.2019
In this article, the Allahabad High Court held that no specific allegations have been leveled against the In-laws for having demanded an additional dowry of a huge amount of cash and a refrigerator.
It was also held that In-laws are distant relatives of the husband of the wife, they do not appear to have any role in the present case and there are no specific allegations against them.
Therefore, the F.I.R. against the petitioners is hereby quashed.
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