498A Quash Judgment13.03.2020 – No Specific Allegations against Father & Mother-in-law, Brother, and Sister-in-law, residing separately, FIR Quashed.
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| 498A Quash Judgment 13.03.2020 |
498A Quash Judgment 13.03.2020- In this article, the court held that there is no specific allegation in the FIR against the parents-in-law, brother-in-law, and sister-in-law, and the demand for dowry made by them after about 10 years of the marriage is quite unrealistic. The In-laws were named in the FIR because of being closely related to the husband, who had a matrimonial quarrel with the wife. Therefore, the Criminal proceedings against the Parents-in-law, Brother-in-law, and Sister-in-law are hereby quashed.
Case Brief- 498A Quash Judgment 13.03.2020
According to the facts mentioned in the FIR filed by the wife, the marriage between the wife and her husband was solemnized on 02.12.2008, and in the marriage, the parents of the wife had incurred expenditure more than their status, and they gave gold jewelry and other dowry items to the husband as stridhan.
It is stated that after the marriage, the wife started living in the matrimonial home in Faridabad, but after 15 days of marriage, the parents-in-law, brother-in-law, and sister-in-law started harassing the wife while saying that they were expecting a luxury car in dowry, whereas the parents of the wife have not given them a luxury car.
It is also stated that the parents-in-law, brother-in-law, and sister-in-law received big proposals for the marriage of the husband, and they started demanding a car and cash of Rs. Ten Lakhs, and rather threatened the wife that when she will go to meet her parents, then return after fulfilling their demands.
Case Brief- 498A Quash Judgment 13.03.2020
It is further stated that the parents of the wife had shown their inability to meet the demands as they had already incurred enough expenses in the marriage, but still in order to make the wife happy, and on the demand of the parents-in-law, brother-in-law, and sister-in-law, the parents of the wife had given Rs. Fifty Thousand cash, but the parents-in-law, brother-in-law, and sister-in-law did not mend their ways and continued to harass the wife.
It is also stated that two daughters were born to the wife on 25.10.2009 and 15.07.2014 and the parents-in-law, brother-in-law, and sister-in-law continuously harassed and physically tortured the wife for fulfilling their illegitimate demands.
Furthermore, it is stated by the wife that a plot was purchased by the wife with help of her father, and out of her savings, but after some days, the parents-in-law, brother-in-law, and sister-in-law started giving beatings to the wife for the purpose of transfer of said plot in their name.
Case Brief- 498A Quash Judgment 13.03.2020
The wife also stated that before the birth of the second child in the year 2013, the In-laws pressurized the wife for a sex determination test, and stated that they had talked to the doctor that in case there is a male fetus, they will keep the child, and in case of a female fetus, the pregnancy would be aborted. The wife refused such a test and on 01.04.2014 the In-laws have given beatings to the wife.
It is also stated by the wife that in August 2011, the parents-in-law, brother-in-law, and sister-in-law demanded Rs. Two Lakhs from the wife, and told her to take this amount from her parents, and the wife informed her father and on 13.08.2011, the father of the wife gave Rs.1,25,000 to the In-laws so that their greed can be satisfied.
Again on 13.12.2013, the father of the wife have given Rs.1,50,000 to the parents-in-law, brother-in-law, and sister-in-law, but the In-laws tortured and abused the wife continuously, and on 01.03.2014 in the night, the husband came in a drunken condition and made unnatural sex relation with the wife without her consent, for which the wife suffered whole night, but the In-laws did not bother about all this.
Case Brief- 498A Quash Judgment 13.03.2020
The wife further stated that the In-laws separated the wife, and sent her to live in a rented house in Faridabad, and they also stated that the plot which is in Faridabad is theirs and on the allotment, the same will be given to the wife.
During this time, the wife came to know that one girl had come in relation with the husband, and when the wife complained to the In-laws regarding this relationship of the husband, instead of stopping the husband, they said that the wife is not beautiful, the other lady is beautiful, and it would be nice if the husband marries with that lady.
The wife also stated that in November, the father of the wife gave Rs. Two Lakhs to the parents-in-law, brother-in-law, and sister-in-law, so that the wife could live peacefully in her matrimonial home, but still the In-laws did not mend their ways, and on 14.08.2015 all the In-laws put pressure on the wife to fulfill their demands, but since the wife had shown her inability to meet such demands, all the In-laws gave her beatings.
Case Brief- 498A Quash Judgment 13.03.2020
The parents of the wife in October 2015 made understood all the In-laws and on their demand, gave Rs One Lakh cash, and in the night of 25.02.2016, the husband made unnatural sexual relations with the wife, and the wife told this incident to the mother-in-law, but the mother-in-law did not listen to her.
The wife also stated that the parents-in-law, brother-in-law, and sister-in-law did not improve themselves, and continuously tortured the wife to sell out the plot, and the money which was disposed of in the name of the wife, and daughter, the mother-in-law by torturing the wife, got her signature affixed, and drawn Rs.42,000 on 07.11.2016 through cheque, and Rs.13,000 in cash, and on 06.03.2017, the father-in-law forcibly took a cheque from the wife for a sum of Rs.2,50,000.
Upon this, the wife filed an FIR dated 15.05.2018 at the Police Station, distinct Yamuna Nagar under Sections 323, 377, 406, 498A, 506, and 120B of IPC against the parents-in-law, brother-in-law, and sister-in-law.
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Arguments- 498A Quash Judgment 13.03.2020
The advocate appearing on behalf of the parents-in-law, brother-in-law, and sister-in-law submitted that the parents-in-law are old, and moreover, the mother-in-law is a patient of cancer, and the brother-in-law and sister-in-law, are staying with the parents-in-law in a separate house.
It is also submitted that the wife and her husband are residing separately in different accommodations, and there is a tendency to implicate all near relatives and family members of the husband in a dispute like the present one.
It is further submitted that the marriage between solemnized in the year 2008, and therefore, the demand for dowry after 10 years of marriage is quite unrealistic, and at most, the dispute is between the husband and the wife, and the parents-in-law, brother-in-law, and sister-in-law cannot be made to suffer merely for the reason that they are relatives of the husband.
Arguments- 498A Quash Judgment 13.03.2020
Therefore, he prayed for quashing the FIR, and proceedings against the parents-in-law, brother-in-law, and sister-in-law.
On the other hand, the advocate appearing on behalf of the wife submitted that the parents-in-law, brother-in-law, and sister-in-law, and the wife were staying in the same house, and immediately after 15 days of marriage, all the In-laws started demanding Rs. Ten Lakhs, and a luxury car from the wife, and the wife was repeatedly tortured/ harassed by the In-laws for the demand of dowry.
It is also submitted that there are specific allegations against the parents-in-law, brother-in-law, and sister-in-law, and at different times, the money was entrusted to the In-laws on their asking, and the wife had no option except to satisfy the demands of the In-laws, and the parents of the wife have given amounts to the In-laws repeatedly.
Arguments- 498A Quash Judgment 13.03.2020
It is further submitted that in the year 2014, the In-laws started living separately, but thereafter, the whole family started staying together, and it is the father of the wife who made an investment in the plot, and the In-laws have not contributed any amount in the plot, and thus, the plot was purchased from the fund received from the father of the wife.
Therefore, it is prayed that there is no question of quashing the FIR, and the present petition filed by the parents-in-law, brother-in-law, and sister-in-law shall be dismissed.
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Referred Judgements- 498A Quash Judgment 13.03.2020
- Anita and others Vs. State of Punjab
- G.V. Rao Vs. L.H.V. Prasad & Ors
- B.S. Joshi & Ors. Vs. State of Haryana & Anr.
Court’s Opinion- 498A Quash Judgment 13.03.2020
It is stated that from the perusal of the FIR, it is clear that there is no specific allegation in the FIR, and after 2014, the parents-in-law, brother-in-law, and sister-in-law were staying with the wife except that they visited the wife and the husband on different times.
It is also stated by the court that the mother-in-law is stated to be a patient of cancer, and this fact is not seriously controverted by the advocate appearing on behalf of the wife, and it is clear from the FIR that the real dispute is between the wife and her husband, and that too because the husband was maintaining extra-marital relations, and this had caused differences in the family.
In view of the above discussion, the court held that the present FIR against the parents-in-law, brother-in-law, and sister-in-law is liable to be quashed as the In-laws were named in the FIR because of being closely related to the husband, who had a matrimonial quarrel with the wife.
Court’s Opinion- 498A Quash Judgment 13.03.2020
It is also held that the marriage was solemnized in the year 2008, and the demand for dowry by the parents-in-law, brother-in-law, and sister-in-law after about 10 years of the marriage is quite unrealistic.
Therefore, the present petition is allowed, and the FIR and all consequential proceedings against the parents-in-law, brother-in-law, and sister-in-law are hereby quashed.
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Conclusion- 498A Quash Judgment 13.03.2020
In this article, the court held that the parents-in-law, brother-in-law, and sister-in-law were named in the FIR because of being closely related to the husband, who had a matrimonial quarrel with the wife.
It is also held that there is no specific allegation in the FIR against the parents-in-law, brother-in-law, and sister-in-law, and the demand for dowry made by them after about 10 years of the marriage is quite unrealistic.
Therefore, the FIR against the Parents-in-law, Brother-in-law, and Sister-in-law is hereby quashed.
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