498A Quash Judgment 28.02.2020- Vague and General allegations have been leveled against Parents-in-law & other relatives of Husband, C. Case Quashed.
498A Quash Judgment 28.02.2020- In this article, the Allahabad High Court stated that vague and general allegations have been leveled against the parents-in-law, two brothers-in-law, and their wives who are other family members of the husband. The wife filed a divorce suit which has been decreed and as such, there is no matrimonial relationship or any other relationship between the wife and family members of the husband. Therefore, the Criminal Proceedings against the parents-in-law, two brothers-in-law, and their wives are hereby quashed.
Case Brief- 498A Quash Judgment 28.02.2020
According to the facts mentioned in the complaint filed by the wife, the marriage between the wife and her husband was solemnized on 28.11.2008.
It is stated that after the marriage, the wife started to live in her matrimonial home with her husband and his family members.
It is also stated that after a few years of the marriage, the relationship between the wife and her husband became strained on account of marital discord.
Case Brief- 498A Quash Judgment 28.02.2020
It is further stated that the wife was facing despair and destitution because of the actions of the husband, parents-in-law, two brothers-in-law, and their wives as they used to demand dowry from the wife and caused harassment and cruelty on her.
Upon this wife filed a complaint dated 10.07.2012 at the Police Station, district Kanpur Nagar under the Sections 498A, 323, 504, 506, 406 of IPC against the husband, parents-in-law, two brothers-in-law, and their wives.
Thereafter, the Magistrate recorded the statements of the wife and her witnesses in terms of Sections 200/202 of CrPC.
Case Brief- 498A Quash Judgment 28.02.2020
On the strength of the above-mentioned material, the Magistrate recorded his prima facie satisfaction and consequently summoned the husband, parents-in-law, two brothers-in-law, and their wives by the summoning order dated 30.11.2012.
It was submitted from the side of the husband, parents-in-law, two brothers-in-law, and their wives that the complaint has been filed by the wife, roping in all the family members of her husband.
It was also submitted that the husband had the ulterior intention of harassing, and although from the unrebutted material on record, no offense is disclosed against the parents-in-law, two brothers-in-law, and their wives and their case is clearly distinguishable from that of the husband.
Case Brief- 498A Quash Judgment 28.02.2020
The Magistrate by the impugned order summoned the parents-in-law, two brothers-in-law, and their wives in a mechanical manner and stated that until order otherwise, further proceedings of this case under Sections 498A, 323, 504, 506, 406 of IPC pending shall remain stayed against the parents-in-law, two brothers-in-law and their wives.
Feeling aggrieved by the summoning order, the parents-in-law, two brothers-in-law, and their wives have now approached the court by means of the present application under Section 482 of CrPC to quash the case and entire proceedings against them.
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Arguments- 498A Quash Judgment 28.02.2020
The advocate appearing on behalf of the parents-in-law, two brothers-in-law, and their wives submitted that while passing the interim order the court rejected the application in so far as it pertains to the husband and therefore, the present application survives only in respect of the parents-in-law, two brothers-in-law, and their wives.
It is also submitted that the entire family members of the husband have been implicated in the case, and the criminal proceedings initiated by the wife against the family members of the husband cannot be sustained.
It is further submitted that after the filing of the present application under Section 482 of CrPC, the wife has filed a divorce suit which has been decreed by the court by the judgement and order dated 29.01.2016, and as such on a date, there is no matrimonial dispute between the family members of the husband and the wife.
Arguments- 498A Quash Judgment 28.02.2020
It is also submitted that the initiation of criminal proceedings against all the family members of the husband is nothing else, but an abuse of the process of the court.
Therefore, he prayed that the entire proceedings against the parents-in-law, two brothers-in-law, and their wives are malicious and liable to be quashed by the court.
On the other hand, the A.G.A. appearing on behalf of the state and the advocate appearing on behalf of the wife opposed the application and submitted that no irregularity was pointed out by the advocate appearing on behalf of the parents-in-law, two brothers-in-law, and their wives in the impugned order dated 30.11.2012.
Arguments- 498A Quash Judgment 28.02.2020
It is also submitted that once the Magistrate has recorded prima facie satisfaction with regard to the commission of the offense against the parents-in-law, two brothers-in-law, and their wives, no case for interference can be made in the present application under Section 482 of CrPC.
Therefore, it is prayed that the present application filed by the parents-in-law, two brothers-in-law, and their wives is liable to be dismissed.
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Referred Judgements- 498A Quash Judgment 28.02.2020
- B.S. Joshi & Ors. Vs. The State of Haryana & Anr.
Court’s Opinion- 498A Quash Judgment 28.02.2020
It is stated by the court that the wife has implicated all the family members of the husband in the present criminal proceedings.
It is also stated by the court that on perusal of the complaint, the copy goes to show that vague and general allegations have been leveled against the parents-in-law, two brothers-in-law, and their wives who are other family members of the husband.
It is further stated that such practice of implicating the entire family members in a matrimonial dispute has been deprecated in the above-mentioned cases.
Court’s Opinion- 498A Quash Judgment 28.02.2020
Furthermore, it is stated that the wife filed a divorce suit which has been decreed, and as such, there is no matrimonial relationship or any other relationship between the wife and family members of the husband and for this reason, the present criminal proceedings against the parents-in-law, two brothers-in-law, and their wives cannot be sustained.
In view of the above discussion, the court held that the summoning order dated 30.11.2012 passed by the Metropolitan Magistrate, Kanpur Nagar in the complaint case against the parents-in-law, two brothers-in-law, and their wives are hereby quashed.
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Conclusion- 498A Quash Judgment 28.02.2020
In this article, the Allahabad High Court held that the wife filed a divorce suit which has been decreed, and as such, there is no matrimonial relationship or any other relationship between the wife and family members of the husband and therefore the criminal proceedings against the parents-in-law, two brothers-in-law, and their wives cannot be sustained.
It is also held that vague and general allegations have been leveled against the parents-in-law, two brothers-in-law, and their wives.
Therefore, the Complaint Case against the parents-in-law, two brothers-in-law, and their wives is hereby quashed.
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