498A Quash Judgment 27.11.2019- General & Sweeping Allegation against Mother-In-Law, Brother-in-law & his family, waste of time if case is continued, FIR Quashed.
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| 498a Quash Judgment 27.11.2019 |
498A Quash Judgement 27.11.2019- The Allahabad High Court held that in view of the facts and circumstances of the case, there are general and sweeping allegations against the mother-in-law, brother-in-law, and his family, and no purpose would be served in keeping the case pending against them. It would simply be a waste of time if the present case is permitted to continue till its logical conclusion. Therefore, the Criminal Proceedings against the mother-in-law, brother-in-law, and his family are hereby quashed.
Case Brief- 498A Quash Judgment 27.11.2019
According to the facts mentioned in the FIR filed by the wife, the marriage between the wife and her husband was solemnized on 25.01.2008 as per Hindu rites and rituals.
It is stated that at the time of the marriage, a sufficient amount of cash, and a motorcycle were given in the dowry by the parents of the wife to the husband and his family members.
It is also stated that after the marriage the wife started to live with her husband and his family in her matrimonial home, however, the In-laws of the wife used to ill-treat her for the demand of dowry.
Case Brief- 498A Quash Judgment 27.11.2019
It is further stated the husband of the wife is working as an orderly in the court in Udhamsingh Nagar and he after committing beating the wife in collusion with his family members made her sit at the bus station on 30.11.2011 when she was carrying pregnancy of two months.
It is also stated that after the incident on 30.11.2011, the wife moved back to her parental home and started living with her parents.
Furthermore, it is also stated that on 13.05.2012 the husband of the wife and two other family members came to the house of the wife at Bhagpat, and they started hurling abuse and assaulted the wife.
Case Brief- 498A Quash Judgment 27.11.2019
Upon this, the wife filed an FIR under Sections 498A, 323, 504, 506 of IPC and Section 3/ 4 of the Dowry Prohibition Act at the Police Station, district Bhagpat against her husband, unmarried daughters of brother-in-law, wife of brother-in-law, brother-in-law, and mother-in-law.
Later Chargesheet dated 30.03.2013 was filed and submitted by the police against the husband, unmarried daughters of brother-in-law, wife of brother-in-law, brother-in-law, and mother-in-law of the wife.
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Arguments- 498A Quash Judgment 27.11.2019
The advocate appearing on behalf of the husband, unmarried daughters of brother-in-law, wife of brother-in-law, brother-in-law, and mother-in-law submitted that so far as the husband is concerned since there were specific allegations against him, the court has refused to quash the proceedings against him and arrived at the conclusion that it cannot be said that prima facie no offense is made out.
It is also stated that the District Court, Baghpat has no territorial jurisdiction to try the offense in question and dismissed the same with the order dated 08.08.2017.
It is further stated that the unmarried daughters of the brother-in-law, wife of the brother-in-law, brother-in-law, and mother-in-law are also facing trial, and the allegations against all of them are general and sweeping in nature.
Arguments- 498A Quash Judgment 27.11.2019
It is also stated that the demand for additional dowry was made by the husband of the wife and the wife has not spared any male and female members of her husband’s family and so apparently the complaint smacks of malafide.
Therefore, he prayed for the quashing of proceedings and FIR against the unmarried daughters of the brother-in-law, the wife of the brother-in-law, brother-in-law, and mother-in-law.
On the other hand, the advocate appearing on behalf of the wife submitted that in fact the mother-in-law is the main accuse, who had instigated her son and other family members to torture and ill-treat the wife to the demand of dowry and now the wife is living with three children at her matrimonial home.
Therefore, it is prayed for no quashing of FIR and proceedings against the unmarried daughters of the brother-in-law, wife of brother-in-law, brother-in-law, and mother-in-law of the wife.
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Referred Judgements- 498A Quash Judgment 27.11.2019
Court’s Opinion- 498A Quash Judgment 27.11.2019
The Hon’ble Supreme Court in the above-mentioned case and several other cases have observed that when the husband is the one who makes the demand of dowry, the wife does not spare any male and female members of her husband’s family and involves all of them in the case.
In the present case, it is stated that the husband is not an applicant before the court, yet the court deems it fit to exercise inherent power that the court trying the offense shall ensure the presence of the husband and expedite the trial against him and decide the same within six months from the date of production of the certified copy of the order without granting undue adjournment to him.
As far as the unmarried daughters of the brother-in-law, wife of brother-in-law, brother-in-law, and mother-in-law are concerned, considering the rival submissions made by the advocates of both sides and keeping in view of the facts and circumstances of the case, the court held that no purpose would be served in keeping the case pending against them.
Court’s Opinion- 498A Quash Judgment 27.11.2019
The court also held that it would simply be a waste of time if the present case is permitted to continue till its logical conclusion.
Therefore, the application is allowed and the entire proceedings, chargesheet, and the FIR under Sections 498A, 323, 504, 506 of IPC and Section 3/ 4 of the Dowry Prohibition Act at the Police Station, district Bhagpat against the unmarried daughters of brother-in-law, wife of brother-in-law, brother-in-law, and mother-in-law are hereby quashed.
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Conclusion- 498A Quash Judgment 27.11.2019
In this article, Allahabad High Court held that in view of the facts and circumstances of the case, no purpose would be served in keeping the case pending against the unmarried daughters of brother-in-law, wife of brother-in-law, brother-in-law, and mother-in-law.
It is also held that there are general and sweeping allegations against the mother-in-law, brother-in-law, and his family, and it would simply be a waste of time if the present case is permitted to continue till its logical conclusion.
Therefore, the FIR against the petitioners is hereby quashed.
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