498A Quash Judgment 04.03.2020- Allahabad High Court-Bald allegations against the husband, Brother-in-law, and his family, FIR Quashed.
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| 498A Quash Judgment 04.03.2020 |
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498A Quash Judgment 04.03.2020- In this article, the Allahabad High Court held that there are bald allegations against the husband, brother-in-law, and his family, and that too after 11 years of alleged dowry demand. There is no grievous hurt to the wife, and all the people involved in the case are family members of the husband. Therefore, the Criminal Proceedings against the Husband, Brother-in-law, and his family are hereby quashed.
Case Brief- 498A Quash Judgment 04.03.2020
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 2007.
It is stated that after the marriage the wife started to live with her husband, brother-in-law, and his family which includes his wife and a son and other family members of the husband.
It is also stated that since the marriage, the husband, brother-in-law, his family, and other family members of the husband made demands for dowry from the wife and caused cruelty and harassment to her, but the wife was suffering everything in silence in hope that things will become right in the future.
Case Brief- 498A Quash Judgment 04.03.2020
It is further stated that one day, the husband, and his family members pulled the wife out of her matrimonial home and threw her near a national college in Bhadohi.
Upon this, in the year 2018, the wife filed the FIR at the Police Station, district Bhadohi under Sections 498A, 323, 506 of IPC and Section 3/ 4 of the Dowry Prohibition Act against the eight family members of the husband which includes the husband, brother-in-law, wife and son of brother-in-law.
The chargesheet was filed and submitted by the police under Sections 498A, 323, 506 of IPC and Section 3/ 4 of the Dowry Prohibition Act against the eight family members of the husband which includes the husband, brother-in-law, and his family.
The present application is filed by the husband, brother-in-law, and his family to aside the entire criminal proceedings and to quash the FIR under Sections 498A, 323, 506 of IPC and Section 3/ 4 of the Dowry Prohibition Act against them.
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Arguments- 498A Quash Judgment 04.03.2020
The advocate appearing on behalf of the husband, brother-in-law, and his family submitted that they are innocent, and have been falsely implicated in this case.
It is also submitted that the marriage was solemnized in the year 2007 and the FIR was lodged in the year 2018 which means after 11 years of the marriage, till then, there was no complaint regarding any demand of dowry or cruelty with regard to it.
It is further submitted that when the FIR was lodged with the accusation of giving assault by eight people who are entire family members of the husband, no medical report for injury of any grievous nature is there.
Arguments- 498A Quash Judgment 04.03.2020
It is also submitted that the investigation resulted in the submission of a chargesheet for an offense punishable under Sections 498A, 323, 506 of IPC and Section 3/ 4 of the Dowry Prohibition Act, meaning thereby, that eight people have vehemently assaulted the wife, but she has suffered a simple injury.
Therefore, he prayed for setting aside the entire criminal proceedings and quashing the FIR filed by the wife against the husband, brother-in-law, and his family.
On the other hand, the advocate appearing on behalf of the wife as well as the AGA appearing on behalf of the State opposed the arguments and submitted that the demand for dowry and cruelty was since the marriage of the wife, but the wife was compelled to suffer in anticipation of things being right in the future.
Arguments- 498A Quash Judgment 04.03.2020
It is also submitted that the wife suffered all these 11 years but kept quiet, and when excess was excessed, and the wife was thrown near a national college, then and only then, the wife got the case lodged.
Therefore, it is prayed that there is no question of quashing the FIR against the husband, brother-in-law, and his family.
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Referred Judgements- 498A Quash Judgment 04.03.2020
- Ramesh Singh Vs. State of Tamil Nadu
Court’s Opinion- 498A Quash Judgment 04.03.2020
In the above-mentioned cases, 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.
It was also 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.
It is a well-settled principle 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 Judgment 04.03.2020
It was also held 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, and 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 process of law.
In the present case, the court held that the report was after 11 years of marriage, there is no grievous hurt to the wife and all the accused persons are family members of the husband.
It was also held that the husband, brother-in-law, and his family have no concern with the alleged demand for dowry, and there seems to be sufficient ground for considering a bald allegation against them, that too after 11 years of alleged dowry demand.
Therefore, the application is allowed, and the entire proceedings and the FIR filed by the wife under Sections 498A, 323, 506 of IPC and Section 3/ 4 of the Dowry Prohibition Act against the husband, brother-in-law, and his family is hereby quashed.
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Conclusion- 498A Quash Judgment 04.03.2020
In this article, the Allahabad High Court held that there is no grievous hurt to the wife, all the people involved in the case are family members of the husband.
It is also held that there are bald allegations against the husband, brother-in-law, and his family, and that too after 11 years of alleged dowry demand.
Therefore, the FIR against the husband, brother-in-law, and his family is hereby quashed.
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