498A Quash after chargesheet 05.08.2021 – No Prima Facie Allegations in Complaint against 11 In-Law members. FIR Quashed.
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| 498A Quash after chargesheet 05.08.2021 |
498a Quash after chargesheet 05.08.2021- The FIR does not make out any case against the 11 members of the In-law's family. The high court held that the allegations in the F.IR or the complaint, even if they are taken at their face value and accepted in their entirety, do not constitute the offense alleged under section 498A IPC. FIR Quashed.
Brief Facts 498a Quash after chargesheet 05.08.2021
On
the complaint of daughter-in-law made to Superintendent of Police. She alleged
that after a month of the wedding, her husband started complaining about lesser
jewelry and dowry.
The complainant told her husband that her parents had given dowry according to
their capacity, on which he gave beatings to her. At that time, all the
petitioners were present. All these people taunted her for not bringing dowry
as per their capacity.
Her
mother-in-law and father-in-law also taunted her that at the wedding, they were
not given proper treatment. In between, they also gave her beatings. The
daughter-in-law informed her parents about the harassment.
On
the next day, her husband left for Canada. The complainant further alleged that
now her husband is outside India and is not paying her money.
The
complainant further stated that due to consummation of marriage, she gave birth
to a son on 24.2.2010. She further stated that on the birth of the child, no
member of her in-laws visited her.
On
25.10.2009, all these persons had thrown her away from their house and had kept
her passport, marriage certificate, etc., with them. Despite repeated requests,
they did not return her documents.
On
these allegations, she sought legal action against all the In-laws members.
Based on mentioned allegations, the Police registered the FIR.
After
completing the investigation, the officer in charge of the Police Station,
filed a police report under Section 173(2) Cr.P.C., in the Court.
Trial
Court took cognizance of the offense and summoned the 11 members of In-laws
family.
Challenging
the FIR mentioned above, order taking cognizance, issuance of summons, All the
accused except the husband has come up before this Court under Section 482
Cr.P.C.
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ANALYSIS AND REASONING 498a Quash after chargesheet 05.08.2021
The advocate for the In-Laws stated that there are no allegations of any dowry in the complaint and does not attract the provisions of Section 498-A and 406 IPC.
To imply that the allegations of dowry leveled after 2½ years of the wedding
are nothing but an afterthought to fill up the ingredients to make the case a
cognizable offense to register the FIR.
So far as the allegations against the father-in-law and mother-in-law are concerned, these are too general.
The intention and conduct of the
father-in-law, mother-in-law, and husband prima facie make these allegations
false and doubtful on its face.
Furthermore, even if the allegations in the FIR are taken as gospel truth, they do not make any case to launch a prosecution.
Instead, the possibility of the complainant
leveling allegations to make out a case for cognizable offenses so that FIR is
registered and subsequently used as a settlement tool cannot be ruled out.
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Referred Judgments 498a Quash after chargesheet 05.08.2021
a) In Preeti Gupta v. State of Jharkhand,
b) In Geeta Mehrotra v. State of U.P.,
2012
c) In Ashok Chaturvedi v Shitul H.
Chanchani,
d) In Girish Sarwate v. State of A.P.
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Courts Opinion 498a Quash after chargesheet 05.08.2021
FIR was registered in the year 2012 against almost every family member, in all 11 persons, who are facing criminal prosecution.
A perusal of the FIR does not make out any case and as such this Court would certainly resort to its extraordinary jurisdiction under Section 482 Cr.PC and deem it appropriate to quash this FIR.
Its continuation may cause grave injustice to the accused persons. Advocate for
the petitioner has relied upon the catena of case law, but since on the
appraisal of the allegations, this Court is satisfied that FIR deserves to be
quashed.
An
analysis of the entire allegations and the investigation does not contain
legally admissible evidence and thus does not make out any prima facie case
.against the petitioners.
On
referring to the previous judgments, The High court of the considered opinion
that the continuation of these proceedings will not suffice any fruitful
purpose whatsoever.
Given
above, this is a fit case where the inherent jurisdiction of the High Court
under Section 482 of the Cr.P.C is invoked to quash the proceedings mentioned
above. The FIR mentioned above is quashed.
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Conclusion 498a Quash after chargesheet 05.08.2021
This Article on 498a Quash after chargesheet 05.08.2021 is on the judgment regarding the quashing of FIR u/s 498a. The court quashed the FIR against the 11 members of the In-laws family on the grounds that the FIR does not make out any case against the 11 members of the In-laws family.
The high court held that the allegations
in the F.IR or the complaint, even if they are taken at their face value and
accepted in their entirety, do not constitute the offense alleged under section 498a IPC. FIR Quashed.
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