498A Quash Judgment 30.01.2020- Punjab High Court-Vague & General Allegations against married Sister-in-law living separately, FIR Quashed.
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| 498A Quash Judgment 30.01.2020 |
498A Quash Judgment 30.01.2020- In this article, the Punjab High Court held that there are vague & general allegations against the married Sister-in-law who is living with her husband in Greece for the last thirty-four years. There are no specific allegations of either demand or entrustment of the dowry by the sister-in-law, and continuing proceedings against the sister-in-law would be tantamount to an abuse of the process of the court. Therefore, the Criminal Proceedings against the Sister-in-law are hereby quashed.
Case Brief- 498A Quash Judgment 30.01.2020
According to the facts mentioned in the FIR filed by the wife, the marriage between the wife and her husband was solemnized in the year 2005, and out of wedlock, a male child was born.
It is stated by the wife that the husband went to Greece and for the past three years has been living there after having left, he did not give the wife any expenses as a result all the expenses of the wife had been met by her parents.
It is also stated that the husband, sister-in-law, and other family members had been harassing the wife immediately after her marriage while submitting that the wife wanted to reside with her husband in her matrimonial home.
Case Brief- 498A Quash Judgment 30.01.2020
Upon this, the wife filed an FIR dated 26.03.2014 under Section 498A of IPC at the Police Station, Jalandhar against her husband, sister-in-law, mother-in-law, and other family members of the husband.
Later, the matter was investigated, and it was recommended that a case be registered under Section 498A against the husband, sister-in-law, and mother-in-law.
Aggrieved against the registration of the FIR, the instant petition has been filed by the sister-in-law.
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Arguments- 498A Quash Judgment 30.01.2020
The advocate appearing on behalf of the sister-in-law submitted that the FIR is nothing but sheer abuse of the process of law and a reading of the same would show that the allegations made therein are vague without disclosing the true and correct facts.
It is also submitted that the sister-in-law was married 34 years ago, and was living with her husband in Greece; therefore, there was no occasion for her to interfere in the daily matrimonial life of the wife or to raise a demand for dowry.
Therefore, he prayed for the quashing of the FIR and all subsequent proceedings against the sister-in-law.
Arguments- 498A Quash Judgment 30.01.2020
On the other hand, the advocate appearing on behalf of the wife submitted that the sister-in-law was amongst others who had harassed the wife for bringing inadequate dowry.
Therefore, it is prayed that the question of quashing the FIR would not rise.
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Referred Judgements- 498A Quash Judgment 30.01.2020
- B.S. Joshi and others Vs. State of Haryana and another
- Madhu Limaye Vs. State of Maharashtra
- Madhavrao Jiwajirao Scindia Vs. Sambhajirao Chandrojirao Angre
- State of Haryana and Ors. Vs. Ch. Bhajan Lal and Ors.
Court’s Opinion- 498A Quash Judgment 30.01.2020
It is stated by the court that it is an admitted fact that the sister-in-law is a resident of Greece and therefore, would not be interfering in the daily matrimonial life of the wife.
It is also stated that even otherwise reading of the FIR would show that no specific allegations have been made regarding the demand for dowry, while at the same time it is clear that the wife's soul grouse is against her husband who had gone abroad and left her without taking care of her financially.
It is further stated that the allegations of harassment and beatings are general and without details of the date or place where the wife was subjected to such atrocities in her matrimonial home, and at the same time, it is stated in the FIR that the wife wants to live with her husband in her matrimonial home and sought help to bring her husband back from abroad or the wife be taken by her husband along with him or her expenses to be met.
Court’s Opinion- 498A Quash Judgment 30.01.2020
It is also stated that it is relevant to note that in the complaint, the wife made allegations of harassment and torture against 12 persons, and after the investigation, the police registered the FIR only against the husband, mother-in-law, and sister-in-law.
Furthermore, it is stated that the sister-in-law is married and has been reading in Greece for the last 34 years and as such the chances of her involvement in the matrimonial affair of the wife are very bleak.
It is a well-settled principle that in case an FIR does not disclose the commission of the offense, the court would be justified in quashing the proceedings against the accused.
Court’s Opinion- 498A Quash Judgment 30.01.2020
The Hon’ble Supreme Court has stated in one of the above-mentioned cases that if an FIR, does not disclose specific allegations against the accused, and more so against the co-accused in the matters arising out of matrimonial disputes, then it would be an abuse of the process of law.
The court also stated that in the present case, a bare reading of the FIR does not disclose the commission of an offense under sections 498A/ 406 of IPC, as there are no specific allegations of either demand or entrustment of the dowry by the sister-in-law.
In view of the above discussion, the court held that in the facts and circumstances of the case, continuing proceedings against the sister-in-law would be tantamount to an abuse of the process of court, and process of law, and it is a fit case warranting interference under Section 482 of CrPC.
Therefore, the petition is allowed, and the FIR dated 26.03.2014 under Section 498A of IPC at the Police Station, Jalandhar, and all subsequent proceedings arising out of the same against the sister-in-law are hereby quashed.
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Conclusion- 498A Quash Judgment 30.01.2020
In this article, the Punjab High Court held that the sister-in-law is married and has been reading in Greece for the last 34 years and as such the chances of her involvement in the matrimonial affair of the wife are very bleak.
It is also held that there are no specific allegations of either demand or entrustment of the dowry by the sister-in-law, and continuing proceedings against the sister-in-law would be tantamount to an abuse of the process of the court.
Therefore, the FIR against the Sister-in-law is hereby quashed.
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