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"Sahil is one of the best brains to help someone to fight these kinds of cases. His grasping power is awesome to understand your case quickly and provide a solution. Sahil knows very well which point he has to highlight in the draft so people like us get the clarity on our own case and get the best result in the court. His knowledge is admirable as he has a good grip on different IPCs and Cr.P.C from our law system. I worked with him on my 498a petition and feeling quite confident after working with him. I will recommend everyone to talk to Sahil once to get the best result from your case. Now he is my good friend too. Thanks Sahil."

"I got in connect with Sahil sir few months back to seek his guidance for 125 CrPC, DV, and 498A. I must say it's really helpful and Sahil sir had drafted a strong WS for me. It was under the sheer guidance of Sahil sir that I could tackle my mediation in a positive manner."

"I am very thankful to Apaizers Mens Rights in supporting and helping me in my case and saved my lakhs of rupees. Sir also motivates time to time, also advises how to maintain your health first which is NECESSARY in this critical condition. It's clear that no more people from our side help or motivate during this time of false cases. In this time, we require a good or best adviser. Really, Sir IS ALL IN ONE. I repeat that unnumbered thanks to Apaizers Men's Right for the best advice to false cases."

"I got my DV interim maintenance appeal prepared from Apaizers Mens Rights for the session court. It is so nicely drafted and prepared with relevant case reference due to which the session court dismissed the interim maintenance order passed by the lower court. Then in my DV case, the opposite party filed for execution petition for the arrears of the maintenance amount 1.2 lakhs, the objections drafted by Sahil Sir with the relevant facts and case reference got accepted by the court and the court dismissed the OP execution petition."

Home 498aJudgments 498A Quash Judgement 01.07.2021- No Specific Allegations against Sisters/Brother-in-law living separately does not attract 498A. FIR Quashed.

498A Quash Judgement 01.07.2021- No Specific Allegations against Sisters/Brother-in-law living separately does not attract 498A. FIR Quashed.

498A Quash Judgement 01.07.2021- No Specific Allegations against Sisters/Brother-in-law living separately does not attract 498A. FIR Quashed.

498A Quash Judgement 01.07.2021
498A Quash Judgement 01.07.2021

Read More Judgements on 498a Quash

498A Quash Judgement 01.07.2021- This Article is based on the decision of the High Court on 498a quash proceedings. In this decision, the high court held that No Specific Allegations against Sisters/Brother-in-law living separately does not attract 498A.  It is an attempt to falsely implicate them in a 498a case. The allegations in the complaint show that it is submitted to wreak vengeance and with an ulterior and oblique motive to fulfill terms and conditions.


Case Brief 498A Quash Judgement 01.07.2021

The complainant was married on 14.07.2019 and the said marriage was the second marriage for both of them. 

Her husband had two children from his first marriage while the complainant had one daughter from her first marriage. 

Since there was a difference of opinion between the husband and wife, they started residing separately.

The complainant has given a complaint to the Police Station which has resulted in registering FIR for the offenses punishable under Sections 498A and 34 of IPC and Sections 3 and 4 of the DP Act, 1961.

The brother, sister, and sister-in-law of her husband were arraigned as brother-in-law and sister-in-law in the said FIR. 

The prayer in the court to quash the entire proceedings in the said case which is now pending before the Court.

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14.02.2020 in complaint case summoning order

cannot be passed without applying judicial mind

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Arguments 498A Quash Judgement 01.07.2021

An advocate of in-laws submits that even if the allegations made in both the complaints which were lodged by the complainant are presumed to be true, no case for the alleged offenses can be made out against the in-laws.

He submits that the principal grievance of the complainant is against her husband.

He also submits that her husband is working in the office at Bellari while his brother and wife are residing at Belgavi. 

He submits that there are no specific allegations against these petitioners which would attract the offenses invoked in the FIR. 

He submits that the grievance made against the in-laws is that in spite of the complainant bringing to their notice about the ill-treatment and torture treated/meted out on her by her husband, her in-laws supported her husband rather than supporting the complainant. 

Per contra, the advocate appearing for the complainant would submit that the overall reading of the complaint allegations would go to show that the petitioners were instigating her husband. 

Arguments 498A Quash Judgement 01.07.2021

He also submits that when the complainant had gone to Belgavi to the house of her in-laws had informed them about the ill-treatment and torture/ meted out by her husband, her in-laws advised her to obey her husband and not to inform about the same to anybody. 

He submits that the in-laws were instigating demand dowry from the complainant.

From the perusal of the complainant's allegations, it is seen that there is absolutely no material against the in-laws herein to prosecute them for the offenses alleged in the FIR.

Even if the complainant's allegations are prima-facie presumed to be true, no case can be made out to prosecute the in-laws for the alleged offenses. 

Her husband is working at Bellari while her in-laws are residing at Belgavi.

Her husband works as a Geologist at Bagalkot while the complainant resides in Bengaluru. In the absence of specific allegations against the in-laws which would attract the offenses.

Alleged in the FIR and having regard to the fact that in-laws are married and residing separately in faraway places would go to show that an attempt is made by the complainant to falsely implicate the in-laws only for the reasons that they are near relatives of the husband.

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Referred Cases 498A Quash Judgement 01.07.2021

  1. Tarbez Khan Alias Guddu and Others v. State of Uttar Pradesh and Another. 

  1. Seenivasan v. State by Inspector of Police 

  1. Asma Khanum @ Noor Asma and others v. State of Karnataka and Another. 


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Court opinion 498A Quash Judgement 01.07.2021

There are so many complaints registered u/s 498A IPC are filed in the heat of the moment over trivial issues without proper deliberations.

There is a large number of such complaints which are not even bona fide and are filed with inexplicit motives.

The Court said that there is a rapid exponential growth in a number of actual cases of dowry cruelty/harassment, it is also a matter of serious concern.

These such complaints can lead to invincible harassment, agony, and pain to the complainant, accused, and his close relations.



NOW 


Conclusion 498A Quash Judgement 01.07.2021-

Continuation of such criminal prosecution would definitely amount to an abuse of the process of law and therefore, for the purpose of securing the ends of justice, it is necessary to quash the entire proceedings.

The entire proceedings initiated against the in-laws in FIR for the offenses punishable under Sections 498A and 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961 are quashed.

The High Court observations made in this order will not have any bearing on the other proceedings said to have been initiated by the complainant against her husband.


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