498a Quash Judgement 02.07.2021- Bald Allegations against Husband and Parents-in-law do not attract offense under section 498A of IPC. FIR Quashed.
498a Quash Judgement 02.07.2021 - Here, in this Judgement, General allegations against husband and In-Laws regarding dowry demand are levied. No criminal complaint regarding cruelty and dowry demands has been filed which substantiates the allegations. Husband and wife living separately from the Parents-in-Law. The FIR appears to be with an intent to put force on the husband and her in-law. Such a vague statement does not attract offense to come within the definition of cruelty as explained in section 498A of IPC. FIR Quashed
Case Brief 498a Quash Judgement 02.07.2021
Advocate for the in-laws has submitted that the marriage was solemnized in the year 2015 and out of the said wedlock, they have a daughter.
After marriage, the complainant along with her husband was residing with the in-laws. There was a quarrel between husband and wife, both of them started living separately.
She falsely alleged regarding the demand of Rs.50,000/- In fact, no such demand was made by any of the in-laws.
After husband and wife started staying separately, it was the husband who had consumed poison and the father-in-law. They had taken the husband to Hospital.
The father-in-law and mother-in-law apprehended unusual action from the side of their daughter-in-law so they had a severe relationship and as a counterblast, the present FIR has been filed.
There is no physical or mental torture from any of the in-laws to the complainant.
The allegations in the FIR are general and bald with no ingredients of section 498A of the Indian penal code or of the Dowry Prohibition Act are satisfied in the matter nor the FIR discloses a guilty approach under section 323, 294(b) of the Indian penal code of any of the in-laws.
The advocate of the complainant has submitted that at present, the complainant is staying alone and she is required to be protected.
She submitted that cruelty as explained in section 498A of IPC would mean any wilful conduct which is of such a nature by the husband and her in-laws so as to drive a woman to commit suicide or to cause her serious injury or danger to life, limb, or the health of the woman.
She further submitted that allegation of physical beating is against the husband and allegation of demand of dowry is against the in-laws and thus, such act form offense as defined in section 498A of IPC.
Harassment to the woman is wrong under law and demand for any property or valuable security or is on account of failure by her or her family related to her to meet such demand would constitute cruelty and hence, she prays for quashing of the first information report is required to be rejected.
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Referred cases 498a Quash Judgement 02.07.2021
Rashmi Chopra v. State of Uttar Pradesh and Another,
Bhajan Lal v. State of Haryana,
Arguments 498a Quash Judgement 02.07.2021
The complainant and her daughter were staying separately from her husband.
The husband came home and started beating her and thereafter, the husband consumed poison, her father in law took the husband to Hospital
She informed her mother about the incident who came down to Surat and as alleged, in-laws had not allowed her and her mother to visit her husband.
The mother of the complainant stayed for three days in Surat and met her in-laws, they told her mother that they do not want to meet their daughter-in-law anymore.
The complainant came down to Ahmedabad from her matrimonial home (Surat), since then, the complainant is staying with her mother.
She said that even after she came back with her mother, her in-laws have not come to take her back till she files a complaint against them.
The complainant was staying separately from her husband. While her husband was admitted to Hospital. He was diagnosed with poisoning. The observation in the discharge summary is also of emergency consultation in case of suicidal thoughts.
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Court opinion 498a Quash Judgement 02.07.2021
Here it is the husband who had tried to commit suicide and averments regarding dowry demand appear to be general in nature.
Such a vague statement does not attract offense to come within the definition of cruelty as explained in section 498A of the Indian Penal Code.
Further, it is stated that there is no prima facie evidence that shows physical cruelty to put this case u/s 323 of the Indian Penal Code.
Acknowledging the proceeding would be an abuse of the process of the court or that the ends of justice require that the proceeding ought to be quashed.
The High Court is entitled to quash a proceeding if it comes to allowing the proceeding to continue would be an abuse of the process of the court requiring that the proceeding ought to be quashed.
The veiled object behind a deformed prosecution, the very nature of the material on which the structure of the prosecution rests, and the High Court in quashing the proceeding in the interest of the judicial process.
Where a criminal proceeding is instituted in order to accomplish an oblique motive and in view to harass and blackmail the husband to fulfill her terms and condition and satisfy her ego and anger. the proceedings should be quashed.
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Conclusion 498a Quash Judgement 02.07.2021
In this article, the High Court stated that If they are taken at their face value and accepted entirety prima facie constitute any offense or makes out a case against the in-laws.
The allegations made in the FIR or complaint are so absurd and inherently improbable on the basis of which no prudent person can ever reach that there is sufficient ground for proceeding against the accused.
The high court said that the offense under sections 498A, 323, 294(b), 114 of IPC, and sections 3 and 7 of the Dowry Prohibition Act 1961 and consequential proceedings arising therefrom are ordered to be quashed.
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