498a quash after chargesheet 22.06.2021- Delayed Complaint led to Quash of FIR against Husband & Parents-in-law.
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| 498a quash after chargesheet 22.06.2021 |
498a quash after chargesheet 22.06.2021- Seven Month Delay in the complaint and no complaint from wife earlier while staying with the in-law family led to quash of FIR against Husband and Parents-in-law. FIR Quashed
Case Brief 498a quash after chargesheet 22.06.2021
The complainant’s marriage was solemnized on 11.05.2015. After two days of the marriage, they both start residing in Bangalore, and thereafter they are residing together in her matrimonial home at Pune.
On 24.11.2019, the complainant has lodged a typed complaint before the Police Station, Bangalore alleging that ever since her marriage, her husband and in-laws have subjected her to emotional, physical, and mental torture for not bringing the demanded dowry and they had also subjected her to beatings and had starved her.
From the wedlock, a boy child was born to the couple at Pune and even after the birth of the child, the husband and in-laws continued to trouble and torture the complainant and her movements were restricted and she was not even allowed to do Tulsi pooja.
She was not allowed to feed her child and when this was questioned, she was abused and assaulted. It is stated that her husband slapped and manhandled her in the presence of her in-laws, who stood guard and did not allow her to escape.
She has stated that she luckily escaped and ran out of the house and took treatment in a private clinic and there afterward got by the nearest Police Station, Pune, and registered her complaint.
Thereafter she shifted to Bangalore with her minor son. She also submitted that she has filed a complaint u/s 12 of the Protection of Women from Domestic Violence Act, 2005. These allegations against the in-laws are herein the offenses punishable under Sections 324, 498A, 504, and 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961.
Arguments 498a quash after chargesheet 22.06.2021
The advocate for the in-laws submits that there is absolutely no truth in the complaint allegations. Complaint after two days of the marriage, the complainant and the in-laws have been residing at Pune.
The allegations made in the registered complaint are with regard to the incident that had taken place in Pune.
The advocate for the petitioners further submits that the complainant was granted permanent alimony when a decree of divorce was passed against her first husband and her intention now is again to make an unlawful gain.
He submits that the process of law has been clearly abused by the wife by commencing false and frivolous cases against the in-laws and this has caused untold hardship to her entire family, who are permanent residents of Pune.
In-laws are the aged and reputed people that is why they are put to great hardship and embarrassment because of the criminal prosecution lodged against them. Per contra, the advocate for the complainant has submitted that there is a prima facie case to proceed against the in-laws.
A chargesheet has already been filed and therefore they are required to stand trial for the offenses alleged against them. The allegations made in the complaint cannot be threshed out by this court at this stage.
He submits that having regard to the fact that the in-laws have already filed an earlier petition, the petition on the same cause of action is not maintainable. He also submits that the in-laws have not been granted bail and they have not been cooperating with the Police.
Referred Judgement 498a quash after chargesheet 22.06.2021
1. Sabaji Naik and Another v. Pradnya Prakash Khadekar and Others.
2. Preeti Gupta and Another v. State of Jharkhand and Another.
3. Mahindra & Mahindra Financial Services Ltd. And Another v. Rajiv Dubey.
4. State of Haryana v. Bhajan Lal
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Contact For Counseling to discuss Your case For Right Solutions
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Court Opinion 498a quash after chargesheet 22.06.2021
This High Court in view with disfavor any attempt by a litigant to abuse the process of law. The sanctity of the judicial process will be seriously destroyed if such attempts are not dealt with firmly.
Others should not self-forth along the same path in the hope of a misplaced expectation of judicial leniency. Exemplary costs are inevitable, and even necessary, in order to ensure that in litigation, as in the law which is practiced in our country, there is no surcharge on the truth.
The Bar has so many social responsibilities and obligations to ensure that the social fiber of family life is not destroyed or demolished. They must ensure that hyped versions of small incidents should not be considered in criminal complaints.
So many of these complaints u/s 498A of the Indian Penal Code are filed in the heat of the moment over trivial issues without proper contemplation. We come across a large number of such complaints which are not even bona fide and are filed with inexplicit motives.
The Bar members who belong to a noble profession must maintain their disciplinary traditions and should treat every complaint under section 498a as a basic human problem and must make serious ventures to help the parties in arriving at an amicable resolution of that human problem.
The main purpose of the judiciary is to find out the truth and do justice with the innocent and punish the guilty. The tendency of implicating the husband and all her in-laws is not common. It is difficult to ascertain the real truth even after a criminal trial.
The criminal proceeding is intricated with malafide intention and the proceeding is maliciously instituted with an ulterior motive for wreaking vengeance on the in-laws and with a view to spite him due to her personal grudge.
Conclusion 498a quash after chargesheet 22.06.2021
From the perusal of the entire material available on record, it is seen that when the complainant was residing with the petitioners in her matrimonial house at Pune, there were multiple complaints lodged by the petitioners against the complainant.
However, there is absolutely nothing on record to show that even a single complaint was lodged by the complainant against the in-laws during the time of her stay in her matrimonial house at Pune.
It is only after she came back to live with her parents, belatedly after a period of seven months, the present complaint is lodged against the in-laws. Both of her parents-in-law are Doctors by profession and they are aged about 77 and 66 years respectively.
Having carefully analyzed the facts and circumstances of the high court considering the legal principles governing the subject, further proceedings against the in-laws before the trial court pursuant to the complaint lodged by the complainant would amount to an abuse of process of law and for the purpose of securing the ends of justice, it is just and necessary to quash the entire proceedings which are pending before the trial court, as prayed for in the petition.
The High court said that these offenses are punishable under section 498a , 324, 504, 506 read with Section 34 of the Indian Penal Code and Sections 3 and 4 of the Dowry Prohibition Act, 1961, which stands quashed.
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