498A Quash Judgment 08.01.2020- Non-Specific Allegation against Married Sister-in-Law & Student Brother-in-Law, living separately, FIR Quashed.
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| 498A Quash Judgments 08.01.2020 |
498A Quash Judgments 08.01.2020- In this article, the court held that there is a Non-Specific Allegation against Married Sister-in-Law & Student Brother-in-Law, living separately are implicating in this case at the instant of the sister and brother of the husband. In these circumstances, proceedings against them are a misuse of the process of law, and it is appropriate to invoke the inherent jurisdiction in respect of the sister-in-law & brother-in-law. Therefore, the FIR and subsequent proceedings against the sister-in-law and brother-in-law are quashed.
Case Brief- 498A Quash Judgments 08.01.2020
According to the facts mentioned in the FIR filed by the wife, the marriage between the wife and her husband was solemnized on 29.04.2017.
It is stated that at the time of the marriage, the father of the wife gave sufficient dowry to the husband and In-laws.
It is also stated that after a few years of marriage, the husband, parents-in-law, sister, and brother-in-law taunted, humiliated, and tortured the wife due to the non-fulfillment of sufficient dowry.
Case Brief- 498A Quash Judgments 08.01.2020
It is further stated that the husband and In-laws used to tell the wife that if the marriage of the husband is solemnized in any other place, then they would get sufficient dowry such as car, cash, etc.
Later, the father of the wife gave extra gold worth Rs. fifty thousand on demand of the parents-in-law, but the behavior of the In-laws did not convert, and they humiliated the wife. The mother-in-law kept the ornaments of the wife, but she did not return those ornaments.
It is also stated that the husband, parents-in-law, sister-in-law, and brother-in-law humiliated and tortured the wife various times. On 10.03.2019, the husband, parents-in-law, and sister-in-law beat the wife and threw her out of the matrimonial home.
Case Brief- 498A Quash Judgments 08.01.2020
Furthermore. It is stated that the husband, parents-in-law, sister-in-law, and brother-in-law told the wife to break up her relationship with her parents and the wife did not want to abolish her life, so she did not make any complaint to the Officer.
It is also stated by the wife that the husband, parents-in-law, sister-in-law, and brother-in-law questioned the wife about her maternity, and they did not want to keep the wife at the matrimonial house, and they threw the wife out from the matrimonial house and the wife started living with her parents at Harda.
Upon this, the wife filed the FIR for the offense punishable under Sections 498A read with Section 34 of IPC and Section 3, 4 of the Dowry Prohibition Act, at the Police Station, district Harda against the husband, parents-in-law, sister-in-law, and brother-in-law.
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Read Latest Article- 498A Quash after Chargesheet 27.09.2022- Andhra Pradesh High Court-No Specific Allegation made against Brother-in-law. F.I.R Quashed.
Arguments- 498A Quash Judgments 08.01.2020
The advocate appearing on behalf of the husband, parents-in-law, sister and brother-in-law submitted that the allegation made in the FIR against the husband and In-laws are false and fabricated.
It is also submitted that the husband has submitted the application before Family Consultation Center, Vidisha, and proceedings were initiated, and during the pendency of the proceeding, the wife and husband started living together in Raipur, but after some time, the wife started quarreling with the husband therefore, the husband sent the wife to Vidisha, where the wife tried to run from the matrimonial house.
It is further submitted that when the parents-in-law tried to stop her, then the wife tried to commit suicide, therefore, the husband, parents-in-law, sister-in-law, and brother-in-law made a written complaint to the Police Station, in Raipur.
Arguments- 498A Quash Judgments 08.01.2020
Furthermore, it is submitted that on 22.12.2018, the proceedings of the Family Consultation Center were closed with the direction to the parties to settle the dispute from the court and since the settlement has taken place between the husband and the wife, therefore, the wife is living with her In-laws and on 10.03.2019, the wife again tried to commit suicide.
Thereafter, the husband filed a suit for dissolution of the marriage between the husband and the wife, on the ground of cruelty in the family court and notice was issued to the wife for appearance in that case, and after receiving that notice, the wife lodged the false complaint only to harass and involve the husband, parents-in-law, sister and brother-in-law in this false case.
The advocate also stated that according to the FIR, the incident took place in the matrimonial house at Vidisha, therefore, the police station at Harda has no jurisdiction to register the case and to investigate the matter, so the registration of the FIR without proper investigation is a misuse of power.
Arguments- 498A Quash Judgments 08.01.2020
The advocate further stated that there is no direct or indirect material available on record that shows that the In-laws can be involved in this case and the husband, due to the unnatural behavior of the wife, had taken her to Raipur with him, but even there was no change in the behavior of the wife.
The wife threatened the husband and the In-laws to implicate the whole family members in a false case, and in furtherance thereto she lodged the false report at the police station.
No complaint or FIR has been lodged before the date of the incident, but when the wife received the notice of proceedings under Section 13 of the Hindu Marriage Act, the wife developed the concocted story to rope all the In-laws and threatened and pressurized the In-laws to withdraw the Divorce Petition.
Arguments- 498A Quash Judgments 08.01.2020
The advocate also stated that the allegation of dowry demand is baseless, and the husband tried his level best to save his married life, therefore, he took the matter to the Family Consultation Center, where the proceedings fail due to the behavior of the wife.
It is also stated that there is an omnibus allegation against the husband and the In-laws and no specific allegation has been alleged in the FIR, so this proceeding is an abuse of the process of law.
It is further stated that the father-in-law is a government servant and the mother-in-law is a housewife, and they are old aged persons, and they have a good reputation in society, but due to false allegations, the reputation of their family will be ruined. The sister-in-law is married and lives in her matrimonial house at Sagar and the brother-in-law lives in Delhi and doing coaching, so these In-laws have been falsely implicated in the case, being family members of the husband.
Arguments- 498A Quash Judgments 08.01.2020
Therefore, he prayed for the quashing of the FIR filed by the wife against the husband, parents-in-law, sister-in-law, and brother-in-law.
On the other hand, the advocate appearing on behalf of the wife submitted that there is a specific allegation of cruel treatment and harassment regarding the demand of dowry against the husband, parents-in-law, sister-in-law, and brother-in-law.
Therefore, it is prayed that the petition filed by the husband, parents-in-law, sister-in-law, and brother-in-law shall be dismissed.
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Referred Judgments- 498A Quash Judgments 08.01.2020
- Rupali Devi Vs. State of U.P. and Others
- Rashmi Chopra Vs. The State of M.P.
- Tarun and others Vs. The State of M.P. and another
- Harshendra Kumar D. Vs. Rehatiata Koley
- Rakhi Mishra Vs. State of Bihar and others
- Sonu Gupta Vs. Deepak Gupta and ors.
- Kans Raj Vs. State of Punjab and others
- Arnesh Kumar Vs. State of Bihar
- G.V. Rao Vs. L.H.V. Prasad
- State of Haryana Vs. Bhajan Lal and others
Court’s Opinion- 498A Quash Judgments 08.01.2020
It is stated that it is revealed from the record that the sister-in-law is married and at the time of the incident, she was pregnant, so she had to come to her parental house at Vidisha for delivery, but she is a permanent resident of Sagar district, therefore, it is natural that sister-in-law is living with her husband at Sagar and at the time of the incident, the sister-in-law was carrying 9 months pregnancy, so there is no probability of threatening and torturing to the wife.
It is also stated that it appears that the allegation against the husband and In-laws is concocted, and the sister-in-law is implicated in this case at the instant of the sister of the husband.
It is further stated that the wife had lived after the marriage with her husband at Vidisha, and it also appears from the record that conciliation proceedings had taken place between the parties, so it is evident that the sister-in-law had no role in this case. The sister-in-law casually comes to the paternal house at Vidisha.
Court’s Opinion- 498A Quash Judgments 08.01.2020
Therefore, in these circumstances, proceedings against the sister-in-law are a misuse of the process of law, and it is appropriate to invoke the inherent jurisdiction in respect of the sister-in-law.
The court also stated that the brother-in-law is a student, and he is studying out of Vidisha, so he also casually comes to his house situated at Vidisha. There is no specific allegation against the brother-in-law about the demand of dowry, torturing, taunting, and humiliation, and it appears that he has also been implicated in this case on the ground that he is the brother of the husband. Therefore, on this ground, it is the appropriate case of the brother-in-law to invoke the inherent jurisdiction.
The court also stated that it is true that the husband lodged so many complaints about the misbehavior of the wife, and he lodged in these complaints that the wife tried to commit suicide, and she threatened to implicate all the family members in a false case. So the wife tortured the husband and his family members.
Court’s Opinion- 498A Quash Judgments 08.01.2020
The court further stated that some facts may be investigated during the trial and these facts will be proved by the evidence at the appropriate stage of the trial. There is an allegation about the demand of dowry and humiliation, so all these facts will be proved by the evidence at the appropriate stage of the trial, and it is not required in the proceedings under Section 482 of CrPC to appreciate the evidence or material.
So the prima facie allegation is available against the husband and parents-in-law.
In view of the above discussion, the court held that it is not an appropriate case to invoke inherent powers under Section 482 of CrPC and to quash the FIR against the husband and parents-in-law. The husband and parents-in-law are free to raise all the defenses and objections before the trial court, and the trial court shall decide the matter on merits.
Therefore, the petition filed by the husband, parents-in-law, sister-in-law, and brother-in-law under Section 482 of CrPC is partly allowed, and the FIR registered in the police station, district harda and all consequent proceedings against the sister and brother-in-law are hereby quashed.
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Conclusion- 498A Quash Judgments 08.01.2020
In this article, the court held that the sister-in-law is married and at the time of the incident, she was pregnant, so she had to come to her parental house at Vidisha for delivery, but she is a permanent resident of Sagar district, and she had no role in this case and proceedings against the sister-in-law are misuse of process of law.
It is also held that the brother-in-law is a student, and he is studying out of Vidisha, so he also casually comes to his house situated at Vidisha. There is no specific allegation against the brother-in-law about the demand of dowry, torturing, taunting, and humiliation, and it appears that he has also been implicated in this case on the ground that he is the brother of the husband.
Therefore, the FIR against the Brother-in-law and Sister-in-law is hereby quashed.
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