498A Acquittal Judgment 15.05.2020- Madhya Pradesh High Court-The Husband and In-laws are acquitted, Criminal Revision petition is quashed.
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| 498A Acquittal Judgment 15.05.2020 |
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498A Acquittal Judgment 15.05.2020- In this article, the Madhya Pradesh High Court held that the wife has failed to establish the charges under Section 498A against the husband and In-laws and failed to establish that the married sister-in-law was residing with her, and the married sister-in-law was abusing, and harassing her, and was making demand for dowry. The findings recorded by the appellate court regarding the acquittal of the husband and In-laws do not call for any interference. Therefore, the criminal revision petition against the husband and In-laws is hereby quashed.
498A Acquittal Judgment 15.05.2020- Great News! One More family Saved from the 498A IPC Menace – Madhya Pradesh High Court upheld the decision of Appellate Court – Husband, Mother-In-Law, Father-In-Law & Married Sister-In-Law all acquitted on the grounds of Unnatural Approach of the Wife & Contradictory Value of Dowry in the Witness Statements & Lack of Evidence of Cruelty & Dowry Demands.
Learning Taken from the Decisions:-
1. If the F.I.R/Chargesheet have the name of Married Sister in Laws who are living separately from the couple with their husbands in separate location than can apply for the quash of the FIR/Chargesheet in the beginning of the case, no need to wait till the acquittal decision, it will save their time & Peace of mind.
2. If there is no evidence or medical record relating to the cruelty than the chances of sentence does not appear.
3. Emphasizes should be on the absence of evidence which proves the allegations.
4. Emphasis should be on the contradictory statements in the complaint, statement of complainant & witnesses will help in making the case strong towards husband & In-Laws Side.
5. If the contradiction comes in the beginning of the case in the complaint & the statements taken at the time 161 CRPC during investigation than the case can be quashed after the submission of the chargesheet and can be argued at the time of framing of charges.
6. The Misuse of the 498A IPC provision is on higher side. The false allegations of dowry demands & cruelty are just meted out in the complaint just to attract the provisions of 498A IPC without any proofs & Evidence to harass the husband & In-Laws.
7. Right approach and Guidance will help in saving long battles in the courts.
8. A noble person is not made to waste his precious time in court, one can use the way of mediation to resolve the matter and get himself away from these menace.
AN EYE FOR AN EYE ONLY ENDS UP MAKING THE WHOLE WORLD BLIND
Mahatma Gandhi
Reason of the Appeal - The Revision petition has been preferred by the wife challenging the judgment of acquittal dated 05.12.2014 passed by the learned appellate Court in Criminal Appeal and also the part of judgment of acquittal passed by the trial Court whereby, husband & In-Laws have been acquitted from the charges under Section 294 and 506-II of IPC. The revision petition Passed by the trial Court confirming the judgment of acquittal passed by the judgment of trial Court dated 27.11.2012 whereby, Married sister-in-law has been acquitted from the charges under Section 498-A, 294 and 506-B of IPC.
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Case Brief- 498A Acquittal Judgment 15.05.2020
According to the facts mentioned in the complaint filed by the wife, the marriage between the wife and the husband was solemnized on 30.04.2002.
It is stated that after the marriage, the wife remained in her matrimonial house for two months, and there was no dispute, but thereafter the husband, and In-laws started abusing, and harassing the wife, and started demanding a dowry of a huge amount of cash.
It is also stated that the wife was beaten by her husband, and In-laws and this information was sent to the father of the wife on 08.02.2004, and later, the father of the wife came to the wife’s matrimonial house and took the wife along with him.
Case Brief- 498A Acquittal Judgment 15.05.2020
It is further stated that a maintenance case was filed by the wife against the husband, which ended in a compromise on 27.06.2006 and the wife went to her matrimonial house with her husband from the court itself.
Later, the wife was harassed again by the husband, and In-laws with respect to the demand for a dowry of Rs. two lakhs, and the brother of the wife and his friend came to the matrimonial house of the wife and saw that the wife was being beaten, and was pushed out of the matrimonial house, and the husband and In-laws said that there is no compromise without money.
It is also stated that the wife was threatened, and was asked to bring Rs. two lakhs from her father, failing which, the husband and In-laws will not keep her and will kill her.
Case Brief- 498A Acquittal Judgment 15.05.2020
Upon this, the wife filed the complaint, and an FIR was registered at the Police Station for the offense under Sections 294, 506-II, and 498A of IPC against the husband, parents-in-law, and sisters-in-law, and after the investigation, a chargesheet was filed before the trial court against the husband and In-laws.
The trial court after going through the entire oral, and documentary evidence, and after hearing the parties came to the conclusion that the wife has failed to prove the charges against the husband and In-laws under Section 294, 506-II, and 498A of IPC, and charges under Section 498A of IPC has not been proved against the married sister-in-law, and the married sister-in-law was acquitted from all the charges by the judgement dated 27.11.2012.
But the charges under Section 498A of IPC were proved against the husband, parents-in-law, and unmarried sister-in-law by the judgment dated 27.11.2012, and they were convicted under Section 498A of IPC for one-year rigorous imprisonment and a fine of Rs.500 each with default stipulation.
Case Brief- 498A Acquittal Judgment 15.05.2020
Against the judgment dated 27.11.2012 two appeals were filed, in which one appeal was filed by the husband and In-laws, and another appeal was filed by the wife against the judgment of acquittal for the offenses under Sections 294, 506-B of IPC, and also the acquittal of married sister-in-law from all the charges.
The appellate court after going through the evidence arrived at the conclusion that the trial court has not committed any error in acquitting the married sister-in-law from all charges, and the husband, and In-laws for the offenses under Sections 294 and 506-B of IPC.
The appellate court also stated that the trial court has committed an error in convicting the husband and In-laws for the offense under Section 498A of IPC, and both the appeal was decided by common judgment dated 05.12.2014, and the criminal appeal filed by the husband and In-laws is allowed, and they were acquitted from the charges under Section 498A of IPC.
The appeal filed by the wife was dismissed by the judgement dated 05.12.2014, and being aggrieved by the judgment of acquittal dated 05.12.2014 by the appellate court, the wife has filed the criminal revision petition.
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Arguments- 498A Acquittal Judgment 15.05.2020
The advocate appearing on behalf of the wife submitted that the trial court has placed reliance upon the brother of the wife as well as the statement of the friend of the brother of the wife, in which they have stated in their statements that on 30.06.2006 they went to the wife’s matrimonial house, and they found some altercation taking place between the wife and her husband, and In-laws.
The brother of the wife, and his friend, have stated that the wife was badly abused and beaten by the husband and In-laws, and they have demanded Rs. two lakhs for the compromise between the wife and the husband.
It is also submitted that these statements were supported by the father, and mother of the wife, but this aspect was not taken into consideration by the appellate court, and the appellate court failed to take note of the fact that there was a matrimonial dispute between the wife, husband, and In-laws, because of which the wife went to her parental house and started living there, and thereafter the wife filed a case for maintenance.
Arguments- 498A Acquittal Judgment 15.05.2020
It is further submitted that the trial court considered the aforesaid aspect of the case and found that the offense under Section 498A of IPC is clearly made out against the husband, parents-in-law, and unmarried sister-in-law, and accordingly, they were convicted under Section 498A, but the appellate court failed to consider this aspect and reversed the findings given by the trial court.
It is also submitted that in chief and cross-examination, the entire story of the wife is being supported, and the facts of the maintenance case being closed by the way of compromise are also mentioned in the statements of the parents of the wife, but this was not taken into consideration by the appellate court.
The advocate also submitted that in the overall evidence available on record, the trial court rightly arrived at the decision that the offense under Section 498A is being made out against the husband, and In-laws except for the married sister-in-law, but the appellate court has not considered this aspect of the case.
Arguments- 498A Acquittal Judgment 15.05.2020
Therefore, he prayed for setting aside the judgement of the appellate court.
On the other hand, the advocate appearing on behalf of the husband and In-laws denied all the arguments of the advocate appearing on behalf of the wife and submitted that the appellate court has considered the aforesaid aspects of the case, and the husband and In-laws are rightly acquitted from all the charges.
It is also submitted that the appellate court found that the wife has failed to prove the charges under Section 498A, and the husband and In-laws have been acquitted from the said charges, whereas the factum of charges under Sections 294 and 506-B are being made out against the husband and In-laws except for the married sister-in-law.
Arguments- 498A Acquittal Judgment 15.05.2020
It is further submitted that the entire story of the wife is doubtful, and the wife has written a letter and the same has laid the foundation of the case, and later an FIR was registered, but that letter was neither produced before the police nor before the court.
The advocate also submitted that the wife has not produced any documents to show that any demand for dowry was made by the husband and In-laws. The wife stated that she posted a letter to her father informing him about the harassment, and demand for dowry, but that letter was neither handed over to the police and nor to the court. Even the demand which is shown by the wife is Rs two lakhs, whereas the witnesses of the wife have stated that the demand was Rs one lakh.
The advocate further submitted that the marriage between the wife and her husband was dissolved by the judgement and decree passed by the district court dated 20.08.2013, and the divorce case was filed on the ground of desertion, and false allegation against the husband.
Arguments- 498A Acquittal Judgment 15.05.2020
It is also submitted that the doctor did not find any injuries on the body of the wife, so the wife’s story itself is falsified by the medical evidence, and the appellate court has not committed any error by acquitting the husband and In-laws.
Therefore, he prayed for the dismissal of the present criminal revision petition filed by the wife.
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Referred Judgments- 498A Acquittal Judgment 15.05.2020
- Kali Ram Vs. State of Himachal Pradesh
- State of Rajasthan Vs. Ram Niwas
Court’s Opinion- 498A Acquittal Judgment 15.05.2020
It is stated by the court that the trial court considered the fact that the marriage of the married sister-in-law took place five-six years back, and she was residing separately with her husband, and on no occasion, the harassment or demand for dowry was made by the married sister-in-law, and thus the married sister-in-law was acquitted by the trial court and appellate court.
It is also stated that the wife failed to establish that the married sister-in-law was residing with her, and the married sister-in-law was abusing, and harassing her, and was making demands for dowry.
The court further stated that the findings recorded by both the trial court and the appellate court regarding the acquittal of the married sister-in-law do not call for any interference, especially in the revision against the acquittal of the married sister-in-law, and against the findings given by the courts.
Court’s Opinion- 498A Acquittal Judgment 15.05.2020
The court also stated that the husband and In-laws are already been acquitted by the trial court under Section 206 and 506-B of IPC and the trial court have convicted the husband and In-laws under Section 498A of IPC for one-year of rigorous imprisonment.
The appellate court has reversed the findings given by the trial court on several grounds, and as far as judgement passed by the appellate court is concerned, it is seen from the record that the wife failed to produce the letter that she said to have posted to her father mentioning all the allegations against the husband and In-laws regarding the demand for dowry and harassment.
The court further stated that the post office from where the letter is said to be posted is opposite the police station, but the wife chose to post the letter, and not inform the police regarding the harassment, and illegal demand for dowry, and the approach of the wife appears to be unnatural.
Court’s Opinion- 498A Acquittal Judgment 15.05.2020
The court also stated that in the entire case, the wife has not produced the letter which could be a vital piece of evidence, and the appellate court also considered the fact that the demand which is raised is of Rs. two lakhs as stated by the wife, whereas the demand stated by the other witnesses is of Rs one lakh which is a different amount, causing contradiction in the statement.
The incident which is said to have taken place on 30.06.2206 is not medically corroborated as said injuries received by the wife were not found by the doctor, and thus the appellate court arrived at the conclusion that the wife has failed to establish the charges under Section 498A against the husband and In-laws, and affirmed the finding given by the trial court as far as charges under Section 294 and 506-B of IPC are concerned.
In view of the above discussion, the court held that the judgement passed by the appellate court appears to be justified, and it does not call for any interference in the present revision petition.
Therefore, the criminal revision petition filed by the wife is dismissed, and the court upheld the decision of the appellate court for the acquittal decision of the husband and In-laws.
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Conclusion- 498A Acquittal Judgment 15.05.2020
In this article, the Madhya Pradesh High Court held that the wife failed to establish that the married sister-in-law was residing with her, and the married sister-in-law was abusing, and harassing her, and was making demands for dowry, and the findings recorded by the trial court, and the appellate court regarding acquittal of married sister-in-law do not call for any interference.
It is also held that the wife has failed to establish the charges under Section 498A against the husband and In-laws and affirmed the finding given by the trial court as far as charges under Section 294 and 506-B of IPC are concerned, and the judgement passed by the appellate court appears to be justified.
Therefore, the criminal revision petition against the husband and In-laws is hereby quashed.
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