498A Quash Judgment 09.08.2018 – General Allegation against Distant Relatives, and Sisters-in-law & their husbands living separately, FIR Quashed.
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| 498A Quash Judgment 09.08.2018 |
498A Quash Judgment 09.08.2018- In this article, the Bombay High Court held that the allegations against the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law are vague and general in nature. The cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law have no concern with the family matters of the wife and her husband and to prevent the abuse of the process of the law, the court finds that discretion needs to be exercised in respect of them. Therefore, the Criminal Proceedings against the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law are hereby quashed.
Case Brief- 498A Quash Judgment 09.08.2018
According to the facts mentioned in the complaint filed by the wife, the marriage between the wife and her husband was solemnized on 25.12.2016.
It is stated that in the marriage, the father of the wife gave all household utensils and a cash amount of Rs. Five lakhs to the husband and his family members.
It is also stated that after the marriage, the wife went for cohabitation, where she was residing with her husband, father-in-law, mother-in-law, and one unmarried brother-in-law.
Case Brief- 498A Quash Judgment 09.08.2018
It is further stated that the wife was treated well for about three months and on 18.02.2017 at about 4p.m., at the instigation of the mother-in-law, the husband of the wife assaulted her and the father-in-law and mother-in-law suspecting on the character of the wife, and started teasing her.
It is also stated that the father-in-law of the wife demanded money for purchasing buffaloes, and the unmarried brother-in-law without any reason assaulted the wife and threatened to kill her.
Furthermore, it is stated that two married sisters-in-law and their husbands came for Diwali festival and assaulted the wife on account of non-celebrating of Diwali festival properly, and the husband, cousin of the husband, and all In-laws also demanded money for the construction of a house and started harassing the wife mentally and physically.
Case Brief- 498A Quash Judgment 09.08.2018
Upon this, the wife filed a complaint at Women Grievance Redressal Cell against her husband, the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law. Later, the husband threatened the wife for withdrawing the said application.
With these allegations, FIR dated 02.05.2018 was registered at the Police Station, Aurangabad, for the offenses punishable under Section 498A, 323, 504, 506 read with Section 34 of IPC against the husband, the cousin of the husband, two married sisters-in-law, and their husbands, and one unmarried brother-in-law.
The present application is filed by the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law for relief of quashing the FIR dated 02.05.2018 was registered at the Police Station, Aurangabad, for the offenses punishable under Section 498A, 323, 504, 506 read with Section 34 of IPC against them.
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Court’s Opinion- 498A Quash Judgment 09.08.2018
It is stated that the court heard the arguments of the advocate appearing on behalf of the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law, and the APP appearing on behalf of the State and the advocate appearing on behalf of the wife.
It is also stated by the court that on perusal of the contents of the FIR, it appears that specific allegations of ill-treatment, the demand for money, and harassment are made against the husband, father-in-law, and mother-in-law, and they are not parties in the present proceeding.
The court further stated that the allegations against the husband's cousin, two married sisters-in-law, and their husbands, and one unmarried brother-in-law are vague and general in nature.
Court’s Opinion- 498A Quash Judgment 09.08.2018
It is also stated by the court that on perusal of the record, it appears that the cousin of the husband is a distant relative of the husband and the two married sisters-in-law are sisters of the husband, who are residing at their matrimonial houses with their husbands.
Furthermore, It is stated by the court that it appears that the husband's cousin, two married sisters-in-law, and their husbands, and one unmarried brother-in-law are not residing with the husband and his family.
Upon view of the above discussion, the court held that prima facie it appears that, the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law have no concern with the family matters of the wife and her husband.
Court’s Opinion- 498A Quash Judgment 09.08.2018
It is also held that on perusal of the FIR it also appears that there is no material particular quoting any specific incident of visit or about ill-treatment or harassment at the hands of the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law, to attract the ingredients of Section 498A of the IPC or other offenses as alleged by the wife.
The court further held that the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law are distant relatives of the husband, and hence to prevent the abuse of the process of the law, the court finds that discretion needs to be exercised in respect of the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law.
Therefore, the application is allowed, and the relief is granted to the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law, and the criminal application is disposed of accordingly.
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Conclusion- 498A Quash Judgment 09.08.2018
In this article, the Bombay High Court held that prima facie it appears that, the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law have no concern with the family matters of the wife and her husband.
It is also held that the allegations against the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law are vague and general in nature, and to prevent the abuse of the process of the law, the court finds that discretion needs to be exercised in respect of the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law.
Therefore, the FIR against the cousin of the husband, two married sisters-in-law and their husbands, and one unmarried brother-in-law is hereby quashed.
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