498A Quash Judgement 09.09.2020-No allegations of dowry demand, FIR Quashed

 

498A Quash Judgement 09.09.2020
498A Quash Judgement 09.09.2020-Karnataka High Court

498A Quash Judgement 09.09.2020 – No allegations regarding demand of dowry & ill-treatment against the In-laws and the husband does not disclose offense under section 498A. FIR Quashed.

Read More Judgements on 498a Quash

In this article 498A Quash Judgement 09.09.2020, it is discussed on the decision of the Karnataka High Court that when no allegation is made against the husband, mother-in-law, brother-in-law, and sister-in-law as regards to demand neither made by them for dowry nor is there any allegations made against them for having assaulted or manhandled the complainant to attract the provisions of Section 498(A) or 323 of IPC. As a result, no case is made out and the FIR was quashed. 

The criminal petition was filed under Section 482 of Cr.P.C.  seeking to quash the criminal proceedings against the husband & In-Laws on the file of the Civil Judge (Jr.Dn.) and  JMFC, Kundgol for the offenses punishable under Sections 143,  147, 498(A), 323, 504 read with Section 149 of IPC as against  the husband & In-Laws as also to quash the charge sheet filed against the husband & In-Laws under the aid provisions. 

_________________________________________

BUY "498A QUASH" - EBOOK - A GUIDE TO 498A QUASH

Read Related Article - Useful Tips to Handle Mediation process in 498a Quash

Read Related Article-22 Landmark 498a Quash Judgements by Supreme Court & Various High Courts

_________________________________________

Brief Facts of the case: 498A Quash Judgement 09.09.2020

The marriage of the husband with the complainant was solemnized on 23.02.2004 as per the customs of the Hindu Community.

The complainant filed a complaint on 09.01.2012, before Kundgol P.S., Kundgol alleging that husband and his members of the family used to scold her stating that she couldn't cook properly; she didn't know the way to keep the house clean and the way to live a correct life. It's on this ground that there was discord within the family, she left the matrimonial home and gone to her paternal home and began to reside there.

After that, there was a meeting held among the elders of the village, who pacified and reconciled the member of the husband’s family and the complainant’s family and persuaded both of them to live back together. The complainant at that time agreed to came back to the matrimonial home.

However, even thereafter, there was constant criticism about her cooking and about her conduct. Unable to tolerate, the complainant again went back to the paternal home and after a discussion along with her parents filed the above complaint on 09.01.2012 making the allegations as regards the constant criticism allotted to her by the members of the family of her husband i.e., husband & In-Laws.

The complaint having been registered, the matter was put up before the learned Magistrate, who took cognizance on 23.11.2012 and after investigation; the jurisdictional Police have filed the charge sheet.

Even the charge sheet reproduces the allegation made by the complainant albeit with additional witnesses supporting the allegations of constant criticism fabricated from the complainant.

_________________________________________

Contact For Counseling to discuss Your case For Right Solutions

_________________________________________


Courts Opinion - 498A Quash Judgement 09.09.2020

Neither a perusal of the complaint nor perusal of the witnesses’ statement indicates that any allegation is formed against the husband & In-Laws as regards the demand neither made by them for dowry neither is there any allegations made against them for having assaulted or manhandled the complainant so on invokes the provisions of Section 498(A) or 323 of IPC.

In view of the identical, the Magistrate must have applied his mind to the contents of the complaint so on verify if there was any the offense made out under the said provisions within the complaint as filed.

Since without a clear offense having been made out in the complaint, the cognizance of the offense alleged ought to not be taken.

_________________________________________

Read Related Article - 7 Recent cases where Courts Quashed 498a in 2020

_________________________________________


Courts Decision - 498A Quash Judgement 09.09.2020

Having checked the complaint as filed, the Karnataka high court opined that there are no allegations, which are made, which might make out an offense under Section 498(A) or 323 of IPC.

Further, the high court opined that the continuance of the proceedings would only work harassment to the husband & In-Laws when the complaint itself doesn't disclose the ingredients of offenses alleged.

As such the Court quashed the proceedings in the case and also the petition was allowed.

_________________________________________

Also, Read Related Article - 498a Quash Judgment 14.02.2020 In Complaint Case - Summoning orders cannot be passed without applying Judicial Mind

_________________________________________


Conclusion: 498A Quash Judgement 09.09.2020

Article 498A Quash Judgement 09.09.2020 is based on the decision of the Karnataka High Court pronounced on 09.09.2020 in the quash proceedings of the case under section 498A IPC.

The court clarifies that the complaint/FIR & Charge sheet or the material on record should be analyzed in terms of the ingredients of section 498A IPC to attract the provision. 

If the material on record does not have any prima facie allegation regarding the demand of dowry and the allegations of mishandling is missing then the provisions under section 498A IPC cannot be invoked to continue the proceedings against the In-Laws.

If you are a victim of section 498A IPC or there is a case registered against you under section 498A IPC than it is better to get analyzed your material on records i.e. complaint filed against you, contents of F.I.R. and the charge sheet through an expert.

It will help in making the decision to file a quash petition at the right time and the crucial years can be saved from attending courts hearings.


Follow Us On FacebookYoutubeInstagram, Join Facebook Group

WhatsApp




    Blogger Comment
    Facebook Comment

0 comments:

Post a Comment