498A Quash Judgement 22.07.2021- No prima facie
allegations found against In-laws living separately. FIR Quashed.
498A Quash Judgement 22.07.2021
498A Quash Judgment 22.07.2021- No specific allegations against the relatives of the husband to attract the alleged offenses against them. It is also admitted that the relatives are residing separately. The complaint allegations prima facie do not make out a case against distant relatives for the alleged offenses. FIR Quashed.
Brief facts 498A quash
judgment 22.07.2021
The complainant
had approached the Police Station and lodged a complaint contending that her
marriage with her husband was solemnized on 12.05.2014 and at the time of
marriage, as per the demand of the In-laws, her parents have given so many
valuable articles like cash, gold, and silver ornaments to her In-laws and also
the marriage expenses were met by them.
After sometime, her husband started demanding dowry. She stays in a rental home alone with her husband where he consumes alcohol and used to abuse and assault her.
He also threatens her with dire consequences to her life and tried black magic on the complainant with an intention to cause mental and physical torture to her.
She
complaint her-in laws about this ill-treatment and stated that they also
supported him.
She also said that her husband failed to maintain her and her child and also did not provide the basic amenities which are the basic requirements of a decent life.
He tortured
her physically, mentally, and also sexually. He has taken her minor son away from
her without her permission.
Her husband tried
to kill her by throttling her neck somehow, she escaped from his clutches and
reached her relative house and there afterward called her parents and register
the F.I.R in the police station.
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Arguments 498A quash judgment 22.07.2021
Advocate for the petitioners submit that admittedly the husband and the complainant were residing at Chandapura, Bengaluru.
Her father-in-law, mother-in-law, and
husband reside at Harappanahalli Taluk, Davanagere while the other residents of
Hassan.
An advocate of
petitioners submit that her in-laws have nothing to do with the marital
dispute between the husband and wife and only for the reason that they are the
close relatives of her husband, the petitioners have been falsely implicated in
the case.
Advocate submits
that there are no allegations of specific nature to attract the alleged
offenses against the in-laws and the allegations against the in-laws are all
omnibus in nature.
Per contra, the complainant has made an allegation against all the accused persons and an investigation is under progress.
Since the case is registered for cognizable offenses, exercising the powers under Section 482 of Cr.P.C. is unjustified and prays to dismiss the petition.
Courts Opinion 498A quash judgment 22.07.2021
From the complaint, it is very clear that immediately after the marriage her husband and
the complainant was residing separately in a rented house at Chandapura,
Anekal Taluk, Bangalore.
Further, the perusal of the FIR would go to show that admittedly her husband and
father-in-law herein are the residents of Harappanahalli Taluk, Davanagere
while other in-laws are the residents of Hassan District.
It is seen that there are no specific overt acts alleged by the complainant as against any of the in-laws herein.
The allegations against her in-laws are all omnibus in
nature and the only specific allegation made in the complaint is against the
husband.
In the absence of specific allegations against in-laws and also if there are necessary materials to show that the said in-laws are residing separately, the initiation of criminal proceedings against them just for the reason that they are the near relatives of the husband are not good in law.
The aforesaid judgments squarely
apply to the facts of the case on hand.
The complaint
averments prima facie do not take place in the case against the in-laws for the
alleged offenses.
Referred 498A
quash judgments 22.07.2021
1. Tabrez Khan alias Guddu & Others v.
State of Uttar Pradesh & Another
2. Seenivasan v. The State by Inspector of
Police.
Conclusion 498A quash judgments 22.07.2021
This Article on 498A quash judgment 22.07.2021 is on the decision regarding the quashing of FIR under section 498A.
The court quashes the FIR against the in-laws because prima facie do not make out a case against the petitioners for the alleged offenses.
The High court held that it is clearly seen that her in-laws reside at another place and there is no such evidence against her in-laws.
Hence the court quashes the entire proceedings against the In-laws. FIR Quashed.
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