498a Quash Judgements by supreme court 27.09.2019-Vague Allegations made against Mother-in-Law and Father-in-law do not warrant a criminal prosecution against them, FIR Quashed

498a Quash Judgements by Supreme Court 27.09.2019 - Vague Allegations made against Mother-in-Law and Father-in-law do not warrant criminal prosecution against them, FIR Quashed 

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498a Quash Judgement by supreme court 

498a Quash Judgements by Supreme Court - Supreme Court held that the allegations that are made against the Mother-in-Law and Father-in-law are vague and do not warrant criminal prosecution against them. 

Supreme Court opined that the appellants, whom complainant did not reside except for a period of 10 days immediately after the marriage, cannot be forced to face a criminal prosecution. 

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Vyankatrao Jangale vs The State Of Maharashtra on 27 September 2019

Respondent No.2 married (Original Petitioner No.1) on 20.02.2014. On 01.03.2014, the Respondent No.2 along with her husband went to Boston, the United States of America, where the husband of Respondent No.2 was working as a Scientist.

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There was matrimonial discord between Respondent No.2 and her husband. Respondent No.2 came back to India and filed a complaint which was registered as FIR No.344 of 2017 at Shivajinagar Police Station, Latur on 19.10.2017 for the offenses under Sections 498A, 406, 323 and 504 read with Section 34 IPC. 

498a Quash Judgements by supreme court 27.09.2019

It was stated in the complaint by Respondent No.2 that her husband and the appellants who is Reason: the mother-in-law, father-in-law, the sister-in-law, and her the husband was ill-treating her and was demanding more dowry. Specific allegations of physical assault were made against her husband for not complying with the demand of dowry.

Must Read Article: 22 Landmark Judgments where Supreme Court & Various High Courts Quash 498A Cases. How To Quash 498A

The appellants, the husband of Respondent No.2, the sister-in-law and her husband filed an application for quashing the complaint in the Bombay High Court. 

498a Quash Judgement by supreme court 27.09.2019

The High Court quashed the FIR in respect of Respondent No.2’s sister-in-law and her husband. However, the High Court dismissed the petition filed for quashing the FIR with respect to the appellants and the husband of Respondent No.2.

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While issuing notice, the Special Leave Petition filed by the husband of Respondent No.2 was dismissed in view of the specific allegations made against him by Respondent No.2. However, notice was issued only qua Appellant Nos.2 and 3 who are the mother-in-law and father-in-law of Respondent No.2.

498a Quash Judgements by supreme court 27.09.2019

We have heard the learned counsel for the appellants and Respondent No.2 and carefully examined the FIR and the judgment of the High Court.

Respondent No.2 lived in the matrimonial home only for a period of 10 days after the marriage on 20.2.2014. Thereafter, she moved to the United States of America along with her husband. 

The allegations that are made against the appellants are vague and do not warrant criminal prosecution against them. 498a Quash Judgements by supreme court 27.09.2019 We are of the opinion that the appellants, who are the mother-in-law and father-in-law with whom Respondent No.2 did not reside except for a period of 10 days immediately after the marriage, cannot be forced to face criminal prosecution. It is relevant to note that there was no complaint of harassment during that period.

Therefore, we quash the FIR registered at Shivajinagar Police Station, Latur dated 19.10.2017 for the offenses punishable under Sections 498A, 406, 323 and 504 read with Section 34 IPC as against mother-in-law and father-in-law.

498a Quash Judgements by supreme court 27.09.2019

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