498A Quash Judgment 10.05.2019 – Criminal Proceedings with General Allegation against Sister-in-Law is a total abuse of process of law, FIR Quashed
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| 498A Quash Judgment 10.05.2019 |
498A Quash judgment 10.05.2019- In this article, Punjab-Haryana High Court held that there is no allegation of entrustment of any dowry article to the unmarried sister-in-law, and it is too unrealistic to allege that the sister-in-law ever harassed the wife for the demand of dowry when she needs no financial help. No motive is established on the part of the sister-in-law to demand any dowry, and the registration of the FIR against the Sister-in-law is a total misuse of the process of law on the part of the wife. Therefore, the criminal proceedings against the sister-in-law are hereby quashed.
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Case Brief- 498A Quash Judgment 10.05.2019
According to the facts mentioned in the Complaint filed by the wife, the marriage between the wife and her husband was solemnized on 11.05.2014. At the time of marriage, the father of the wife spent a sufficient amount on the betrothal and the marriage ceremonies.
It is stated that the wife started living with her husband in Modern Housing Complex in Chandigarh. And after the marriage, the behavior of the husband, mother-in-law, and unmarried sister-in-law was not good toward the wife.
It is also stated that the wife was subjected to cruelty for insufficient dowry and later the father of the wife gave a certain amount of cash and certain gifts on the occasion of the Diwali festival, and again he gave a certain cash amount and some gifts to the In-laws of the wife on the occasion of the Lohri festival.
According to the facts mentioned in the Complaint filed by the wife, the marriage between the wife and her husband was solemnized on 11.05.2014. At the time of marriage, the father of the wife spent a sufficient amount on the betrothal and the marriage ceremonies.
It is stated that the wife started living with her husband in Modern Housing Complex in Chandigarh. And after the marriage, the behavior of the husband, mother-in-law, and unmarried sister-in-law was not good toward the wife.
It is also stated that the wife was subjected to cruelty for insufficient dowry and later the father of the wife gave a certain amount of cash and certain gifts on the occasion of the Diwali festival, and again he gave a certain cash amount and some gifts to the In-laws of the wife on the occasion of the Lohri festival.
Case Brief- 498A Quash Judgment 10.05.2019
It is further stated that the wife belongs to Scheduled Caste Community, whereas the father-in-law of the wife belongs to Backward Community. The husband and In-laws of the wife also called the wife bad names and used derogatory words against the father of the wife.
Upon this, since she was consistently being harassed, she filed a complaint and an FIR dated 23.10.2015 was registered under Sections 498A, 323, 506, and 406 read with Section 34 of IPC as well as Section 3 of the Scheduled Caste and Scheduled Tribes (Prevention of Atrocities) Act, 1989 at the Women Police Station, Bhiwani against the sister-in-law.
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Arguments- 498A Quash Judgment 10.05.2019
The advocate appearing on behalf of the sister-in-law submitted that the marriage between the wife and her husband was a love marriage. The wife is a well-qualified lady holding a gazetted post and she herself opted to get married to a boy, who is about eight years younger than her.
It is also submitted that since the wife belongs to Backwards Class, the provision of the offense under Section 3 of the SC/ST Act has been misused.
It is further submitted that at the time of marriage, the wife was posted as Assistant Professor at Government College in Panchkula and after the marriage, she joined as Assistant Professor at Government College in Bawani Khera in July 2015. The wife got herself transferred from Panchkula to Bawani Khera on 02.07.2015 on the ground of completing her service in rural areas in fulfillment of the condition of government policy.
The advocate appearing on behalf of the sister-in-law submitted that the marriage between the wife and her husband was a love marriage. The wife is a well-qualified lady holding a gazetted post and she herself opted to get married to a boy, who is about eight years younger than her.
It is also submitted that since the wife belongs to Backwards Class, the provision of the offense under Section 3 of the SC/ST Act has been misused.
It is further submitted that at the time of marriage, the wife was posted as Assistant Professor at Government College in Panchkula and after the marriage, she joined as Assistant Professor at Government College in Bawani Khera in July 2015. The wife got herself transferred from Panchkula to Bawani Khera on 02.07.2015 on the ground of completing her service in rural areas in fulfillment of the condition of government policy.
Arguments- 498A Quash Judgment 10.05.2019
It is also submitted that since the wife and her husband could not put well, a divorce petition was filed by the husband against the wife in district court, Chandigarh on 15.10.2015, however, the wife moved an application before the court seeking transfer of said petition to Bhiwani Court.
Furthermore, it is submitted that since it was a love marriage between the wife and her husband, no dowry articles were exchanged and as it was a marriage of liking of the wife and her husband, the sister-in-law was not going to be benefitted from any dowry articles.
The advocate also stated that there is no specific allegation against the sister-in-law for the demand of dowry or harassment caused to the wife and the only allegation against the sister-in-law is that she was a party with the husband and mother-in-law in harassing the wife.
It is also submitted that since the wife and her husband could not put well, a divorce petition was filed by the husband against the wife in district court, Chandigarh on 15.10.2015, however, the wife moved an application before the court seeking transfer of said petition to Bhiwani Court.
Furthermore, it is submitted that since it was a love marriage between the wife and her husband, no dowry articles were exchanged and as it was a marriage of liking of the wife and her husband, the sister-in-law was not going to be benefitted from any dowry articles.
The advocate also stated that there is no specific allegation against the sister-in-law for the demand of dowry or harassment caused to the wife and the only allegation against the sister-in-law is that she was a party with the husband and mother-in-law in harassing the wife.
Arguments- 498A Quash Judgment 10.05.2019
As per the wife, in the month of September, when the parents-in-law of the wife had gone to their native place to attend a marriage, the sister-in-law cut the hair of the wife and handed over the same to the mother-in-law.
The allegation is that whenever the wife used to come from her college and to take rest in a room, then the sister-in-law and mother-in-law of the wife used to oust her from the room and used to say that the wife does not belong to a royal family and, therefore, directed the wife to do the household works and without taking rest, the wife used to fulfill the obligations as per the wishes of her In-laws.
The advocate further stated that the sister-in-law is being victimized by the prevalent syndrome of roping in every family member of the family in such type of matrimonial criminal litigation and there is no legal evidence clearly or manifestly adduced by the wife to substantiate the allegations.
As per the wife, in the month of September, when the parents-in-law of the wife had gone to their native place to attend a marriage, the sister-in-law cut the hair of the wife and handed over the same to the mother-in-law.
The allegation is that whenever the wife used to come from her college and to take rest in a room, then the sister-in-law and mother-in-law of the wife used to oust her from the room and used to say that the wife does not belong to a royal family and, therefore, directed the wife to do the household works and without taking rest, the wife used to fulfill the obligations as per the wishes of her In-laws.
The advocate further stated that the sister-in-law is being victimized by the prevalent syndrome of roping in every family member of the family in such type of matrimonial criminal litigation and there is no legal evidence clearly or manifestly adduced by the wife to substantiate the allegations.
Arguments- 498A Quash Judgment 10.05.2019
Furthermore, the advocate stated that the allegations in the FIR, if taken at their face value, it does not constitute the offense alleged against the sister-in-law as she is an unmarried sister of the husband of the wife. And in case the sister-in-law is made to face the trial, it would prove a stigma on her life and the law should be vigil that no innocent person is made to suffer from the rigmarole of the trial.
The advocate also stated that all allegations of cruelty and dowry demand were at Chandigarh, whereas the wife in order to harass the sister-in-law and her family members had filed the complaint at Bhiwani at her own convenience. Moreover, the wife herself got transferred to Bawani Khera, district Bhiwani to complete rural service which is a condition of her service.
No case is made out against the sister-in-law under Sections 498A, 323, 506, and 406 read with Section 34 of IPC as well as Section 3 of SC/ST Act. And in case the wife was tortured from the very inception, there would not have been such an inordinate and unexplained delay in lodging the present FIR.
Furthermore, the advocate stated that the allegations in the FIR, if taken at their face value, it does not constitute the offense alleged against the sister-in-law as she is an unmarried sister of the husband of the wife. And in case the sister-in-law is made to face the trial, it would prove a stigma on her life and the law should be vigil that no innocent person is made to suffer from the rigmarole of the trial.
The advocate also stated that all allegations of cruelty and dowry demand were at Chandigarh, whereas the wife in order to harass the sister-in-law and her family members had filed the complaint at Bhiwani at her own convenience. Moreover, the wife herself got transferred to Bawani Khera, district Bhiwani to complete rural service which is a condition of her service.
No case is made out against the sister-in-law under Sections 498A, 323, 506, and 406 read with Section 34 of IPC as well as Section 3 of SC/ST Act. And in case the wife was tortured from the very inception, there would not have been such an inordinate and unexplained delay in lodging the present FIR.
Arguments- 498A Quash Judgment 10.05.2019
The advocate further stated that it is the wife who has committed cruelty upon the sister-in-law by implicating her in a false case, and the wife should not be permitted to take benefit of her own wrong. In order to settle the score, the wife has made false and baseless allegations against the sister-in-law and the whole family and nowadays, it has become a tendency to involve the whole family in the proceedings like the present one.
Therefore, he prayed for the quashing of F.I.R. and Criminal proceedings against the sister-in-law.
On the other hand, the A.A.G. appearing on behalf of the State submitted that the FIR was registered on the complaint submitted by the wife and during the investigation, the husband was arrested. The challan was presented against him before the trial court on 22.11.2015 and thereafter, a supplementary challan has been presented and prepared against the sister-in-law on 04.02.2016.
The advocate further stated that it is the wife who has committed cruelty upon the sister-in-law by implicating her in a false case, and the wife should not be permitted to take benefit of her own wrong. In order to settle the score, the wife has made false and baseless allegations against the sister-in-law and the whole family and nowadays, it has become a tendency to involve the whole family in the proceedings like the present one.
Therefore, he prayed for the quashing of F.I.R. and Criminal proceedings against the sister-in-law.
On the other hand, the A.A.G. appearing on behalf of the State submitted that the FIR was registered on the complaint submitted by the wife and during the investigation, the husband was arrested. The challan was presented against him before the trial court on 22.11.2015 and thereafter, a supplementary challan has been presented and prepared against the sister-in-law on 04.02.2016.
Arguments- 498A Quash Judgment 10.05.2019
The advocate appearing on behalf of the wife submitted that after the marriage, the husband, mother-in-law, and sister-in-law started harassing the wife for the demand of dowry and since the wife belongs to Scheduled Caste, they cannot eat the food cooked by her, and sometimes, the wife had noticed that her clothes were found cut from different places and at the same time, the mother-in-law used to spend three hours in worship room of the sister-in-law.
It is also submitted that on asking about such offending act, the mother-in-law used to pull the hair of the wife, whereas the sister-in-law used to move the wife’s hair in the air and the sister-in-law used to perform ‘dian-jadu’ on the wife, which had bad/adverse effect on the mind and body of the wife. And the challan against the sister-in-law has been presented before the trial court.
Therefore, it is prayed that the FIR cannot be quashed against the sister-in-law.
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Referred Judgements- 498A Quash Judgment 10.05.2019
- Sazid Khan Vs. State of Haryana and another
- Smt. Ravinder Kaur Vs. Central Bureau (CBI)
- Satish Dharmu Rathod and Others Vs. The state of Maharashtra and another
- Rahul Bhargava Vs. State (NCT) of Delhi and another
- State of Bihar and another Vs. P.P. Sharma and another
- Satish Mehra Vs. State of N.CT. of Delhi and another
- B.S. Joshi & Ors. Vs. State of Haryana & Anr.
- Ramesh Vs. State of Tamil Nadu
Court’s Opinion- 498A Quash Judgment 10.05.2019
It is stated that the report reveals that the marriage between the wife and her husband was a love-cum-arranged marriage as before the marriage, the wife and husband were known/close to each other and the age difference between the wife and husband substantiates the fact that they were known to each other much before the marriage.
It is also stated that at the relevant time when the FIR was registered, the wife was not residing in Chandigarh, rather, she was posted as Assistant Professor in Bawani Khera, district Bhiwani, whereas the sister-in-law never shifted to Bawani Khera and was living in Chandigarh only.
It is further stated that there is no allegation of entrustment of any dowry article to the sister-in-law and the wife has named the unmarried sister-in-law probably because she was under the influence of some superstitions and was giving its effect upon the wife.
The advocate appearing on behalf of the wife submitted that after the marriage, the husband, mother-in-law, and sister-in-law started harassing the wife for the demand of dowry and since the wife belongs to Scheduled Caste, they cannot eat the food cooked by her, and sometimes, the wife had noticed that her clothes were found cut from different places and at the same time, the mother-in-law used to spend three hours in worship room of the sister-in-law.
It is also submitted that on asking about such offending act, the mother-in-law used to pull the hair of the wife, whereas the sister-in-law used to move the wife’s hair in the air and the sister-in-law used to perform ‘dian-jadu’ on the wife, which had bad/adverse effect on the mind and body of the wife. And the challan against the sister-in-law has been presented before the trial court.
Therefore, it is prayed that the FIR cannot be quashed against the sister-in-law.
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Referred Judgements- 498A Quash Judgment 10.05.2019
- Sazid Khan Vs. State of Haryana and another
- Smt. Ravinder Kaur Vs. Central Bureau (CBI)
- Satish Dharmu Rathod and Others Vs. The state of Maharashtra and another
- Rahul Bhargava Vs. State (NCT) of Delhi and another
- State of Bihar and another Vs. P.P. Sharma and another
- Satish Mehra Vs. State of N.CT. of Delhi and another
- B.S. Joshi & Ors. Vs. State of Haryana & Anr.
- Ramesh Vs. State of Tamil Nadu
Court’s Opinion- 498A Quash Judgment 10.05.2019
It is stated that the report reveals that the marriage between the wife and her husband was a love-cum-arranged marriage as before the marriage, the wife and husband were known/close to each other and the age difference between the wife and husband substantiates the fact that they were known to each other much before the marriage.
It is also stated that at the relevant time when the FIR was registered, the wife was not residing in Chandigarh, rather, she was posted as Assistant Professor in Bawani Khera, district Bhiwani, whereas the sister-in-law never shifted to Bawani Khera and was living in Chandigarh only.
It is further stated that there is no allegation of entrustment of any dowry article to the sister-in-law and the wife has named the unmarried sister-in-law probably because she was under the influence of some superstitions and was giving its effect upon the wife.
Court’s Opinion- 498A Quash Judgment 10.05.2019
It is also stated that the sister-in-law is already well-placed in service and was in no need of any financial help and, therefore, it is too unrealistic to allege that the sister-in-law ever harassed the wife for the demand of dowry.
Furthermore, it is stated that when the contents of the FIR are perused, it is apparent that there is no specific allegation against the sister-in-law for the demand of dowry, and it shows that she has been named/included in the FIR but for the reason that she is the unmarried sister of the husband of the wife.
It is also stated by the court that the court is conscious of the fact that it is a settled principle of law that for the exercise of inherent powers under Section 482 CrPC, it is essential to proceed entirely on the basis of allegations made in the complaint or documents accompanied by it per se, but the court has no jurisdiction to examine the correctness or otherwise of the allegations.
It is also stated that the sister-in-law is already well-placed in service and was in no need of any financial help and, therefore, it is too unrealistic to allege that the sister-in-law ever harassed the wife for the demand of dowry.
Furthermore, it is stated that when the contents of the FIR are perused, it is apparent that there is no specific allegation against the sister-in-law for the demand of dowry, and it shows that she has been named/included in the FIR but for the reason that she is the unmarried sister of the husband of the wife.
It is also stated by the court that the court is conscious of the fact that it is a settled principle of law that for the exercise of inherent powers under Section 482 CrPC, it is essential to proceed entirely on the basis of allegations made in the complaint or documents accompanied by it per se, but the court has no jurisdiction to examine the correctness or otherwise of the allegations.
Court’s Opinion- 498A Quash Judgment 10.05.2019
It is also stated that the court finds that no motive is established on the part of the sister-in-law to demand any dowry, and the wife is probably influenced by superstition. Moreover, the FIR was registered at Bawani Khera, district Bhiwani, whereas the sister-in-law is residing in Chandigarh and at no point in time, the sister-in-law ever stayed in Bawani Khera.
In view of the above discussion, the court held that the registration of the FIR against the Sister-in-law is a total misuse of the process of law on the part of the wife, and accordingly, the present petition is allowed.
Therefore, FIR dated 23.10.2015 under Sections 498A, 323, 506, and 406 read with Section 34 IPC as well as Section 3 of the SC/ST Act registered at Women Police Station, Bhiwani, and all consequential proceedings against the Sister-in-law are hereby quashed.
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It is also stated that the court finds that no motive is established on the part of the sister-in-law to demand any dowry, and the wife is probably influenced by superstition. Moreover, the FIR was registered at Bawani Khera, district Bhiwani, whereas the sister-in-law is residing in Chandigarh and at no point in time, the sister-in-law ever stayed in Bawani Khera.
In view of the above discussion, the court held that the registration of the FIR against the Sister-in-law is a total misuse of the process of law on the part of the wife, and accordingly, the present petition is allowed.
Therefore, FIR dated 23.10.2015 under Sections 498A, 323, 506, and 406 read with Section 34 IPC as well as Section 3 of the SC/ST Act registered at Women Police Station, Bhiwani, and all consequential proceedings against the Sister-in-law are hereby quashed.
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Conclusion- 498A Quash Judgment 10.05.2019
In this article, Punjab-Haryana High Court held that when the contents of the FIR are perused, it is apparent that there is no specific allegation against the sister-in-law for the demand of dowry, and it shows that she has been named/included in the FIR but for the reason that she is the unmarried sister of the husband of the wife.
It is also held that no motive is established on the part of the sister-in-law to demand any dowry, and the registration of the FIR against the Sister-in-law is a total misuse of the process of law on the part of the wife.
Therefore, the F.I.R. against the petitioner is hereby quashed.
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Conclusion- 498A Quash Judgment 10.05.2019
In this article, Punjab-Haryana High Court held that when the contents of the FIR are perused, it is apparent that there is no specific allegation against the sister-in-law for the demand of dowry, and it shows that she has been named/included in the FIR but for the reason that she is the unmarried sister of the husband of the wife.
It is also held that no motive is established on the part of the sister-in-law to demand any dowry, and the registration of the FIR against the Sister-in-law is a total misuse of the process of law on the part of the wife.
Therefore, the F.I.R. against the petitioner is hereby quashed.
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