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498A Quash Judgment 10.08.2018-Vague Allegations-FIR Quashed
498A Quash Judgment 10.08.2018-Vague and General Allegations of ill-treatment, demand of money, and a threat to wife made against Brothers-In-Law with no Specific Incidents living separately will not prima facie attract 498a IPC. FIR Quashed.
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This article is based on the 498A Quash Judgment 10.08.2018-Vague Allegations-FIR Quashed against the petition filed under the provisions of section 482 of the Cr.P.C for relief of quashing of FIR registered with Tofkhana police station, Ahmednagar, for the offenses under section 498A, 323, 504, 506 read with section 34 of the IPC. Lawyer for petitioners on instructions withdraws the application for parents-in-law. As a result, the FIR quashed against Brothers-in-law & their wife.
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The wife lodged a complaint against the petitioners alleging that she performed marriage with her husband on 27.02.2016. In the marriage, her father spent Rs. 25 lakh and gave 30 tolas gold. The wife went for cohabitation and just from the third day of the cohabitation, the family members were started ill-treating her mentally by saying that her father did not give a bullet in the marriage.
On 04.03.2016 the husband told her that since the last 2 to 3 years he has a love affair with one female and if she is ready to accept the relationship, he will cohabit with the wife. The wife ignored the fact and cohabited with her husband. On 28.03.2016 parents-in-law & one brother-in-law and husband of wife abused and assaulted the wife on account of demand of Rs. 1,50,000/- for purchasing bullet and drove her out. Due to which the father of wife gave Rs. 1,50,000/- to the husband but thereafter also they ill-treated her.
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It is further alleged by the wife that by using her husband's phone female threatened the wife. When the wife told about the said fact to her father-in-law, mother-in-law, brother-in-law, and sister-in-law they assaulted her and also threatened to kill.
On 30.10.2016 at the time of Laxmipujan the Parents-in-law, BIL and her husband demanded Rs. 5 lakh for purchasing a flat. On that count, they have beaten her and expelled her to the house of her maternal uncle. With these allegations, the offence came to be registered against the petitioners/accused of the offenses punishable under section 498-A, 323, 504, 506 read with section 34 of the IPC.
The High Court heard the arguments for the petitioners, learned APP for the State and, Lawyer for the wife.
On perusal of the FIR, it appeared that specific allegations of demand of money and harassment are made against parents-in-law and husband. The allegations made against both BIL & Wife of BIL are vague and general in nature.
It appeared that one of the BIL was in service and residing at Ghatkopar (West) Mumbai. The other BIL along with his wife is also residing at Titwala, Tq. Kalyan. Therefore prima- facie it appears that both BIL & wife of BIL have no direct concern with alleged ill-treatment, the demand for money, and a threat to wife.
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The High Court held that on perusal of the FIR it also appeared that there was no material particular quoting any specific incident of the visit or about ill-treatment or harassment at the hands of both BIL & wife of BIL, so as to attract the ingredients of Section 498-A of the Indian Penal Code or other offense as alleged by the wife.
Hence to prevent the abuse of the process of law, the High Court finds that discretion needs to be exercised in respect of Both BIL & wife of BIL. Hence, quashed the FIR against Both Brothers-in-law & Wife of BIL who are living separately and have no concern with the family and granted relief to them.
Conclusion: This Article 498A Quash Judgment 10.08.2018-Vague Allegations-FIR Quashed.
It will help the husbands who have FIR against their parents, Brothers-in-law, and their wives. Those are living away from the complainant and have no interference in their life.
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