498A Quash Judgment 07.02.2013- Stray allegation against the parents & relatives of husband u/s 498A of IPC is abuse of process of law, FIR Quashed.
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| 498A Quash Judgment 07.02.2013 |
498A Quash Judgment 07.02.2013- In this article, the court held that based on the said stray allegation which relates back to the year 2001, the case against the parents-in-law and other relatives for the offense punishable under Section 498A of IPC is nothing but an abuse of process of law. Due to the differences between the husband and the wife, the wife, after receiving the notice in the divorce petition, filed the present case implicating the parents-in-law and other relatives. Therefore, the criminal proceedings against the parents-in-law and other relatives are hereby quashed.
Case Brief- 498A Quash Judgment 07.02.2013
According to the fact mentioned in the FIR filed by the wife, before the marriage, the wife and her husband fell in love with each other and the husband promised to marry the wife but when the wife asked the husband to marry her, the husband stated that his parents and close relatives were not agreeing for this marriage and thereby refused to marry the wife.
It is stated that on that the wife resorted to going on a hunger strike in front of the house of the husband and thereafter some elders interfered and tried to convince the parents and close relatives of the husband, but they did not agree.
It is also stated that the elders performed the marriage of the wife and her husband and the marriage was solemnized on 30.11.2001.
Case Brief- 498A Quash Judgment 07.02.2013
It is further stated that the marriage was consummated at the house of one person, and there is the wife and her husband led conjugal life for three days, and later the husband took the wife to his parent’s house, but the parents-in-law of the wife and other relatives did not allow them into the house and demanded the wife to bring Rs. Five lakhs as dowry.
It is also stated that the husband kept the wife in her grandmother’s house for some time and used to lead a conjugal life with the wife there and after the death of the grandmother of the wife, the husband shifted the wife to the house of her maternal aunt and there he used to lead a conjugal life with the wife.
Furthermore, it is stated that in the year 2009, the wife received a notice from the court, Narsapur and she came to know that the husband filed a case against her seeking a divorce.
Upon this, the wife filed an FIR under Section 498A in the Police Station against the parents-in-law and other relatives.
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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 Judgment 07.02.2013
The advocate appearing on behalf of the Parents-in-law and other relatives submitted that the parents-in-law and other relatives have nothing to do with the matters between the husband and the wife, keeping in mind the differences between the husband, falsely involved the parents-in-law and other relatives in this criminal case.
It is also submitted that as per the contents of the complaint made by the wife, the parents-in-law and other relatives allegedly demanded a dowry of Rs. Five lakhs from the wife three days after her marriage with the husband, which was in the year 2001.
It is further submitted that the complaint was filed in the year 2010 which is nearly after 9 years, and it is mentioned in the complaint that there was no contact between the parents-in-law and other relatives and the husband, and therefore, the allegation made by the wife that the harassment by the parents-in-law and other relatives is still continuing cannot be believed.
Therefore, he prayed for the quashing of the FIR and the proceedings against the parents-in-law and other relatives.
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Referred Judgements- 498A Quash Judgment 07.02.2013
- Manju Ram Kalita Vs. State of Assam
Court’s Opinion- 498A Quash Judgment 07.02.2013
It is stated that the alleged harassment for the dowry by the parents-in-law and other relatives herein relates back to the year 2001 and the allegation that the parents-in-law and other relatives herein still are demanding the wife to get an amount of Rs. Five lakhs as dowry to allow her into her In-law's house seems to be absurd because the husband and the wife have been staying away from the parents-in-law and other relatives for several years.
It is also stated that from the facts of the case, it can be clearly understood that due to the differences between the husband and the wife, the wife after receiving the notice in a divorce petition filed the present case implicating the parents-in-law and other relatives.
It is further stated that normally, in cases of this nature, there will be the tendency of roping as many as relatives of the husband as accused in the case filed under Section 498A of IPC.
Court’s Opinion- 498A Quash Judgment 07.02.2013
There is an inordinate delay of 9 years in filing the complaint in question and therefore, the offense under Section 498A of IPC is barred by limitation and the trial court ought not to have taken cognizance of the case for the offense punishable under Section 498A of IPC against the parents-in-law and other relatives.
Furthermore, the court stated that except stating that when the husband brought the wife to his parent’s house in the year 2001, the parents-in-law and other relatives demanded an amount of Rs. Five lakhs as dowry, nothing has been stated against the parents-in-law and other relatives.
Upon view of the above discussion, the court held that based on the said stray allegation which relates back to the year 2001, the case against the parents-in-law and other relatives for the offense punishable under Section 498A of IPC is nothing but abuse of process of law.
Court’s Opinion- 498A Quash Judgment 07.02.2013
It is also held that if the trial is allowed to continue against the parents-in-law and other relatives, it would result in a miscarriage of justice.
Therefore, the criminal petition is allowed and the criminal proceedings pending against the parents-in-law and other relatives in this criminal case are liable to be quashed and the entire proceedings against the parents-in-law and other relatives are hereby quashed.
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Conclusion- 498A Quash Judgment 07.02.2013
In this article, the court held that due to the differences between the husband and the wife, the wife after receiving the notice in the divorce petition filed the present case implicating the parents-in-law and other relatives.
It is also held that the said stray allegation which relates back to the year 2001, the case against the parents-in-law and other relatives for the offense punishable under Section 498A of IPC is nothing but an abuse of process of law and if the trial is allowed to continue against the parents-in-law and other relatives, it would result in a miscarriage of justice.
Therefore, the FIR against the petitioners is hereby quashed.
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