498A Quash Judgment 16.01.2020- Omnibus, Not Sufficient & Probable Allegations which do not prima facie constitute an offense u/s 498A IPC, FIR Quashed
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| 498A Quash Judgment 16.01.2020 |
498A Quash Judgment 16.01.2020- In this article, the court held that no specific allegation with regard to the demand of dowry and harassment and only an omnibus statement have been made against the husband and In-laws. The allegations are omnibus and not sufficient and probable and do not constitute any offense and if the proceedings continued against the husband, brother-in-law, mother-in-law, grandmother-in-law, and sister-in-law, it would amount to an abuse of process of the court. Therefore, the Criminal Proceedings against the husband and In-laws are hereby quashed.
Case Brief- 498A Quash Judgment 16.01.2020
According to facts mentioned in the FIR filed by the wife, the marriage between the wife and her husband was solemnized on 31.05.2017.
It is stated that after, the marriage, the wife started living in her matrimonial home with her husband and In-laws.
It is also stated that after the marriage, the husband and In-laws started harassing the wife in connection with the demand of the dowry, and on provocation and support of the In-laws for the dowry demand, the husband used to beat the wife and on account of aforesaid harassment.
Case Brief- 498A Quash Judgment 16.01.2020
It is further stated that the wife told her parents, brother, and sister about such an act on the phone, and thereafter the husband send her with her brother to her parental house and was not prepared to keep her in the matrimonial house without fulfillment of the dowry demand.
Upon this, the wife lodged an FIR dated 28.10.2018 at the Police Station, district Khandwa under Section 498A read with Section 34 of IPC against the husband, brother-in-law, mother-in-law, grandmother-in-law, and sister-in-law.
After the Investigation, the chargesheet was filed and submitted by the Police against the husband, brother-in-law, mother-in-law, grandmother-in-law, and sister-in-law, and it is pending before the Magistrate.
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Arguments- 498A Quash Judgment 16.01.2020
The advocate appearing on behalf of the husband, brother-in-law, mother-in-law, grandmother-in-law and sister-in-law submitted that the aforesaid proceedings are not in accordance with the law and in this case prima facie there is no sufficient material to prosecute the In-laws and husband for the commission of the aforesaid offense.
It is also submitted that it is a counter-blast action as the husband filed a divorce petition against the wife before the filing of the FIR, as the wife was unable to adjust in the matrimonial house with the husband and other family members.
It is further submitted that the wife insisted and wanted to remain in the matrimonial house without doing any work and remained Ideal and lethargic and disobeyed the instructions of the elder persons of the house and made quarrels.
Arguments- 498A Quash Judgment 16.01.2020
It is also submitted that before the filing of the petition for divorce, the matter was placed before the district-level Pariwar Paramarsh Kendra, Khandwa, where the wife and her parents and brother also appeared, and their statements were recorded.
Furthermore, it is submitted that the wife, her parents, and brother and sister have not narrated that the husband and In-laws were demanding dowry and on account of the dowry demand, they harassed the wife and there is no specific allegation with regard to the demand of dowry and harassment and only omnibus and general allegations have been made just to implicate all family members with malafide intention to achieve ulterior motive for wreaking vengeance.
Therefore, he prayed for the quashing of the FIR and criminal proceedings against the husband, brother-in-law, mother-in-law, grandmother-in-law, and sister-in-law.
Arguments- 498A Quash Judgment 16.01.2020
On the other hand, the advocate appearing on behalf of the wife as well as the advocate appearing on behalf of the State opposed the aforesaid contentions and submitted that the truthfulness of the facts can’t be considered at this stage.
It is also submitted that the material available with the chargesheet is sufficient to prosecute the husband and In-laws for the commission of the aforesaid offense.
Therefore, it is prayed that the petition shall be dismissed and there is no question of quashing the FIR and criminal proceedings against the husband, brother-in-law, mother-in-law, grandmother-in-law, and sister-in-law.
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Referred Judgements- 498A Quash Judgment 16.01.2020
- Mohan Goswami Vs. State of Uttaranchal
- Bhaskar Lal Sharma & Another Vs. Monica
- Sushil Kumar Sharma Vs. Union of India
- Rajesh Sharma and Ors. Vs. State of U.P. and Anr.
Court’s Opinion- 498A Quash Judgment 16.01.2020
It is stated that in the FIR there is no specific allegation with regard to the demand of dowry and harassment and only omnibus statements have been made against the husband and In-laws.
It is also stated that when the matter was placed before the district level Pariwar Paramarsh Kendra, the statements of the wife, her brother, and her mother were recorded on 28.09.2018 in which there is no whisper of dowry demand and harassment on account of the nonfulfillment of the aforesaid demand and the dispute was related to nonadjustment or noncooperative attitude of the wife, which is not unusual.
It is further stated that it also appears that on behalf of the husband, a divorce petition was filed before the family court, Khandwa on 19.09.2018, and notice was served before 25.10.2018 and thereafter the FIR was lodged, this fact reflects that it is counterblast of the action taken by the husband.
Court’s Opinion- 498A Quash Judgment 16.01.2020
It is also stated that the allegations in the FIR are so absurd and inherently improbable, on the basis of which no prudent man can ever reach the just conclusion that there is just reasonable ground for proceeding further against the husband, brother-in-law, mother-in-law, grandmother-in-law and sister-in-law.
Furthermore, the court stated that there is no dispute about the legal proposition that the truthfulness of the facts mentioned in the FIR and chargesheet cannot be adjudicated at this stage, but if the allegations are omnibus and not sufficient and probable and do not constitute any offense and the proceeding starts to achieve the ulterior motive for wreaking vengeance.
It is the counterblast and the same cannot continue and the court under Section 482 of CrPC is duty bound to set aside such proceedings.
Court’s Opinion- 498A Quash Judgment 16.01.2020
In view of the above discussion, the court held that the instant petition deserves to be allowed as in the aforesaid circumstances and if the proceedings continued against the husband, brother-in-law, mother-in-law, grandmother-in-law, and sister-in-law, it would amount to an abuse of process of the court and would cause grave injustice to the husband, brother-in-law, mother-in-law, grandmother-in-law and sister-in-law.
Therefore, the petition is allowed and the proceedings of the criminal case pending before the Magistrate are hereby quashed.
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Conclusion- 498A Quash Judgment 16.01.2020
In this article, the court held that the FIR filed by the wife against her husband, brother-in-law, mother-in-law, grandmother-in-law, and sister-in-law is a counterblast of the action taken by the husband by filing the divorce petition.
It is also held that there is no specific allegation with regard to the demand of dowry and harassment and only omnibus statements have been made against the husband and In-laws and if the proceedings continued against the husband, brother-in-law, mother-in-law, grandmother-in-law and sister-in-law, it would amount to an abuse of process of the court and would cause grave injustice to them.
Therefore, FIR against the petitioners is hereby quashed.
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