498A Quash Judgement 06.08.2018- Bombay High Court-Vague and General Allegations against the Parents-in-law, Brother, and Sister-in-law, FIR Quashed.
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| 498A Quash Judgement 06.08.2018 |
498A Quash Judgement 06.08.2018- In this article, the Bombay High Court held that the allegations against the parents-in-law, brother-in-law, and sister-in-law are vague and general in nature, and no specific role or act of them has been specifically mentioned in the FIR. The contention of the wife about ill-treatment, and harassment at the hand of the parents-in-law, brother-in-law, and sister-in-law appears to be doubtful, and the present complaint is filed to harass the family members. Therefore, the criminal Proceedings against the Parents-in-law, Brother, and Sister-in-law are hereby quashed.
Case Brief- 498A Quash Judgement 06.08.2018
According to the facts mentioned in the FIR filed by the wife, the marriage between the wife and her husband was solemnized eight years prior to the lodging of the FIR.
It is stated that after the marriage, the wife started living with her husband, parents-in-law, brother-in-law, and sister-in-law in her matrimonial home, and the husband and In-laws treated the wife well for about seven years.
It is also stated that during the wedlock, the wife had one daughter, and also the wife was pregnant for the second time.
Case Brief- 498A Quash Judgement 06.08.2018
It is further stated that the husband, parents-in-law, brother-in-law, and sister-in-law demanded Rs Fifty Thousand from the wife, for the construction of the house and on that count, they ill-treated the wife physically and mentally.
It is also stated that the wife has narrated ill=treatment to her brother on the phone, and at that time the father of the wife and other relatives tried to give understanding to the husband and In-laws, but they did not pay any heed, and against started more ii-treatment to the wife and threatened to kill the wife.
Upon this, the wife filed an FIR at the Police Station, district Aurangabad for the offenses punishable under Section 498A, 323, 504, 506 read with Section 34 of IPC against the husband, parents-in-law, brother-in-law, and sister-in-law.
The present application is filed by the father-in-law, mother-in-law, brother-in-law, and sister-in-law under the provisions of Section 482 of CrPC for relief, setting aside, and quashing the proceedings pending before the Magistrate, Paithan, arising out of the FIR registered at the police station, district Aurangabad for the offenses punishable under Section 498A, 323, 504, 506 read with Section 34 of IPC.
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Court’s Opinion- 498A Quash Judgement 06.08.2018
It is a well-settled principle of law that the court has held that the Court should examine whether the case is fit to be quashed on territorial jurisdiction and on other grounds or not.
The Hon'ble Supreme court in many cases has held that in the matters arising out of a criminal case, fresh consideration by remanding the same would further result in a protracted proceeding which is unwarranted and such a course of remand would be unnecessary as there was no need to prolong the case.
The Hon'ble Supreme court also held in many cases that it will be a total abuse of the process of law if people were to remand that matter to the High Court to consider whether there is still any material to hold and that the trial should proceed against them in spite of the absence of prima facie material constituting an offense against them.
Court’s Opinion- 498A Quash Judgement 06.08.2018
In the present case before the court, it is stated that the court heard the arguments of the advocate appearing on behalf of the husband, father-in-law, mother-in-law, brother-in-law, and sister-in-law, and the APP appearing on behalf of the State, also the advocate appearing on behalf of the wife.
It is also stated that the application for the husband was withdrawn by the advocate appearing on behalf of the In-laws, and on perusal of the contents of the FIR, it appears that the allegations against the father-in-law, mother-in-law, brother-in-law, and sister-in-law are vague and general in nature.
The court further stated that it is alleged against the father-in-law, mother-in-law, brother-in-law, and sister-in-law, that they were demanding Rs. Fifty Thousand for the construction of the house, but no specific role or act of the father-in-law, mother-in-law, brother-in-law, and sister-in-law has been specifically mentioned in the FIR.
Court’s Opinion- 498A Quash Judgement 06.08.2018
It is also stated by the court that in the supplementary statement of the wife which is recorded on 15.10.2014, the wife made exaggerated statements, and in the previous statement, the wife has not specifically mentioned the act of the father-in-law, mother-in-law, brother-in-law, and sister-in-law.
Furthermore, the court stated that in the supplementary statement, the wife made allegations against the father-in-law, mother-in-law, brother-in-law, and sister-in-law about the ill-treatment and abuses by suspecting on her character, and therefore, the contention of the wife about ill-treatment, and harassment at the hand of the father-in-law, mother-in-law, brother-in-law, and sister-in-law appears to be doubtful.
The court also stated that on perusal of the record it also appears that there is a dispute between the husband and the wife on the ground of paternity of the child, and so prima facie it appears that the present complaint was filed to harass the family members.
Court’s Opinion- 498A Quash Judgement 06.08.2018
In view of the above discussion, the court held that no particular material quoting any specific incident of ill-treatment or harassment at the hands of the father-in-law, mother-in-law, brother-in-law, and sister-in-law, to attract the ingredients of section 498-A of IPC or any other offenses as alleged by the wife.
It is also held that to prevent the abuse of the process of law, the court finds that discretion needs to be exercised in respect of the father-in-law, mother-in-law, brother-in-law, and sister-in-law.
Therefore, the application of the parents-in-law, brother-in-law, and sister-in-law, and the proceedings against the father-in-law, mother-in-law, brother-in-law, and sister-in-law are hereby quashed.
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Conclusion- 498A Quash Judgement 06.08.2018
In this article, the Bombay High Court held that the contention of the wife about ill-treatment, and harassment at the hand of the father-in-law, mother-in-law, brother-in-law, and sister-in-law appears to be doubtful, and the present complaint is filed to harass the family members.
It is also held that the allegations against the father-in-law, mother-in-law, brother-in-law, and sister-in-law are vague and general in nature, and the proceedings against the father-in-law, mother-in-law, brother-in-law, and sister-in-law will be an abuse of the process of law.
Therefore, the FIR against the Parents-in-law, Bother-in-law, and Sister-in-law is hereby quashed.
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