498A Quash Judgment 30.04.2015- No specific role of Brother-in-law, Sister-in-law, and Other relatives of husband, residing separately. FIR Quashed.
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| 498A Quash Judgment 30.04.2015 |
498A Quash Judgment 30.04.2015- In this article, the Bombay High Court held that no specific role is attributed to the brother-in-law, sister-in-law, and other relatives of the husband, and there is only a casual reference to their names in the FIR. The brother-in-law, sister-in-law, and other relatives of the husband reside separately, and they have never stayed with the wife and her husband, and allowing the proceedings to continue against the In-laws and other relatives would amount to an abuse of the process of law. Therefore, the Criminal Proceedings against the brother-in-law, sister-in-law, and other relatives of the husband are hereby quashed.
Case Brief- 498A Quash Judgment 30.04.2015
According to the facts mentioned in the complaint filed by the wife, the marriage between the wife and her husband was solemnized on 09.12.2012 as per Hindu traditions, and Customary Rites.
It is stated that the father of the wife had given Rs. two lakhs in cash, several tolas of gold, and household articles at the time of marriage, and after the marriage, the wife started to live in the matrimonial home with her husband.
It is also stated that the husband used to suspect the character of the wife, and the wife was ill-treated on the demand of Rs. Five Lakhs. Once, the husband gagged the mouth of the wife and tried to commit her murder, and as the financial condition of the father of the wife was not sound, so the wife use to tolerate the ii-treatment.
Case Brief- 498A Quash Judgment 30.04.2015
It is further stated that on 23.02.2014 again the demand of Rs. Five Lakhs was made, and the wife was dragged out of her matrimonial house as the demand was not fulfilled, and that time the wife was pregnant, and she was beaten in demand of money.
It is also stated that on 09.05.2014, false allegations were leveled by the husband and his relatives raising suspicion about the character of the wife, and at that time the wife was abused and beaten with fists and kicks.
Upon this, the wife filed a private complaint in the court, and the Magistrate passed the order under Section 15(3) of CrPC, and on inquiry, the FIR was registered at the Police Station for the offenses punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC against the brother-in-law, sister-in-law, and other relatives of the husband.
Later, a chargesheet was filed and submitted by the police against the brother-in-law, sister-in-law, and other relatives of the husband.
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Arguments- 498A Quash Judgment 30.04.2015
The advocate appearing on behalf of the brother-in-law, sister-in-law, and other relatives of the husband submitted that the brother-in-law, sister-in-law, and other relatives of the husband never resided with the wife, they are residing separately, and have no concern with the family affairs of the wife and her husband.
It is also submitted that mere casual reference to the names of the brother-in-law, sister-in-law, and other relatives of the husband in the FIR is not sufficient to take cognizance, and on the basis of vague allegations, proceedings cannot be allowed against the brother-in-law, sister-in-law, and other relatives of the husband, as it would amount to an abuse of process of law.
Therefore, he prayed for the quashing of the FIR and proceedings against the brother-in-law, sister-in-law, and other relatives of the husband.
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Referred Judgements- 498A Quash Judgment 30.04.2015
- Shaikh Shakeel s/o Shaikh Hasan and others Vs. District Superintendent of Police & Ors.
Court’s Opinion- 498A Quash Judgment 30.04.2015
It is stated by the court that according to the facts in the present case, when the contents of the FIR are perused, it is clear that no specific role is attributed to the brother-in-law, sister-in-law, and other relatives of the husband, and there is only a casual reference to their names in the FIR.
It is also stated that the brother-in-law is the brother of the husband, and he resides in Murum and taking education there whereas the sister-in-law has produced the proof of her residence before the court, and it shows that the sister-in-law is residing in Dewalgaonraja.
It is further stated by the court that as far as other relatives of the husband are concerned, the cousin father-in-law, his wife, and daughter are also included, and they have submitted a number of documents before the court like adhar card, ration card, gas consumer card, and these documents indicate that they reside at a different place, and not at the address of the husband, and rest of the other relatives also reside separately.
Court’s Opinion- 498A Quash Judgment 30.04.2015
The court also stated that in these circumstances, mere casual reference to the names of the brother-in-law, sister-in-law, and other relatives of the husband in the FIR without any allegation of active involvement in the matrimonial dispute will not justify taking cognizance against them.
In view of the above discussion, the court held that the court cannot overlook the fact that there is a tendency to involve entire family members of the husband in a domestic family quarrel, and in such circumstances, allowing the proceedings to continue against the brother-in-law, sister-in-law, and other relatives of the husband would amount to an abuse of process of law.
Therefore, the application is allowed, the chargesheet, and the FIR registered at the police station for the offenses punishable under Sections 498A, 323, 504, 506 read with Section 34 of IPC against the brother-in-law, sister-in-law, and other relatives of the husband are hereby quashed.
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Conclusion- 498A Quash Judgment 30.04.2015
In this article, the Bombay High Court held that the brother-in-law, sister-in-law, and other relatives of the husband reside separately, and they have never stayed with the wife and her husband.
It is also held that no specific role is attributed to the brother-in-law, sister-in-law, and other relatives of the husband, and there is only a casual reference to their names in the FIR, allowing the proceedings to continue against the In-laws and other relatives would amount to an abuse of process of law.
Therefore, the FIR against the brother-in-law, sister-in-law, and other relatives of the husband is hereby quashed.
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