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Home 498aJudgments 498a Quash After Chargesheet 16.07.2021 – Non-Specific Allegations against Distant relatives of In-laws does not attract 498A. FIR Quashed.

498a Quash After Chargesheet 16.07.2021 – Non-Specific Allegations against Distant relatives of In-laws does not attract 498A. FIR Quashed.

498a quash after chargesheet 16.07.2021 – Non-Specific Allegations against Distant relatives of In-laws does not attract 498A. FIR Quashed.

498a Quash After Chargesheet 16.07.2021
498a Quash After Chargesheet 16.07.2021
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498a quash after chargesheet 16.07.2021 – Omnibus allegations against sisters of father-in-law have been made without any specific instances and not residing with husband’s family. Hence, continuing the proceedings against them amounts to abuse of process of law and hence, the petition requires to be allowed only as against the sisters. But there are specific allegations against the husband, mother-in-law, and father-law. FIR Quashed against sisters of father-in-law only.


Case Brief 498a quash after chargesheet 16.07.2021

The marriage of the complainant and her husband was solemnized on 09.05.2016.

It is also alleged that during the marriage per the dowry demand has been fulfilled in the form of cash and gold in 15 to 20 days.

The complainant stayed in her matrimonial house and thereafter her husband went to foreign for work.

However, she continued to stay with her In-laws, and then they started to ill-treat her, making allegations that she was not getting any children.

It is also alleged that one year prior to lodging the complaint her husband returned from foreign and he asserted that she was not good looking, she did not know cooking and she was not taking care of her parents.

Hence, he abused her and threatened her that he will contract a second marriage, and physically and mentally assaulted her.

Thereafter he again went back to foreign. Thereafter her mother-in-law and father-in-law started to ill-treat her both physically and mentally and other distant relatives have instigated her.

In-Laws drove her out of the house and as such she lodged a complaint. Complaint registered by the police officer and the investigating officer has investigated the matter and submitted a charge sheet.

After submission of the chargesheet has taken cognizance and issued the process. Being discontented by this aspect the in-laws have filed this petition for quashing the entire proceedings. 

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Divorce cases in 498a quash.

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Arguments 498a quash after chargesheet 16.07.2021

Advocate for the in-laws would contend that after marriage only for 20 days they resided together and thereafter her husband is residing in Saudi Arabia for work and did not return to India and allegations against him are completely false.

He would further submit that her in-laws are not the relatives of the husband by blood, marriage, or ingredients under Section 498A do not attract them.

That the allegations of the complaint did not disclose any cognizable offense and submission of the chargesheet and continuation of proceedings is nothing but abuse of process of law. 

It is contended that allegations made are patently preposterous and inherently inappropriate. Hence, it is prayed for quashing the proceedings against the in-laws.

Per contra, advocates appearing for the complainant have seriously disputed the claim and contended the in-laws and hence, they are close relatives of the husband as they are paternal aunts.

Hence, the offense is a continuing offense and as such, there is prima-facie material. Hence, they have sought rejection of the petition.

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Referred Cases 498a quash after chargesheet 16.07.2021


  1. Shakson Belthissor vs. State of Kerala and Another.

  2. Preeti Gupta and Another vs. State of Jharkhand and Another.

  3. Swapnil and others vs. State of Madhya Pradesh.

  4. Varala Bharath Kumar vs. State of Telangana.

  5. K.Subba Rao and Others vs. State of Telangana.


Courts opinion 498a quash after chargesheet 16.07.2021

However, as against the relatives, it is alleged that they used to abuse the complainant and abetted mother-in-law and father-in-law.

But when they have abetted the in-Laws, in whose presence that happened is not at all shown anywhere.

Except for omnibus averments, there are no specific instances given in this regard and admittedly both the relatives are the married sisters.

Hence, in view of the above-cited decisions, continuing prosecution against them is only an abuse of the process of law. 

Hence, as regards them, the petition requires to be allowed, but as regards the husband and father-in-law there is material evidence.

However, as against both the ladies, omnibus allegations have been made without quoting any specific instances and further, they are quite aged and not residing with husband and father-in-law. 

Hence, continuing the proceedings against them amounts to abuse of process of law and hence, the petition requires to be allowed only as against the relatives.


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Conclusion 498a quash after chargesheet 16.07.2021

The Article on 498A quashes after chargesheet 16.07.2021 is on the decision regarding the quashing the petition under section 498A. 

The high court quashes the petition against in-laws because there are no allegations against distant relatives that are considered under Sections 498A, 504, 323, 506 read with Section 34 of IPC are quashed.

However, the petition against the husband and father-in-law is dismissed and the high court is directed to proceed against them in accordance with the law.


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