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Home 498aJudgments 498A Quash Judgement 30.07.2021- Married Sisters-In-Law and their husbands staying separately without specific allegation. FIR Quashed.

498A Quash Judgement 30.07.2021- Married Sisters-In-Law and their husbands staying separately without specific allegation. FIR Quashed.

498A Quash Judgement 30.07.2021- Married Sisters-In-Law and their husbands staying separately without specific allegation. FIR Quashed.

498A Quash Judgement 30.07.2021

498A Quash Judgement 30.07.2021.

Read More Judgements on 498a Quash


498A Quash Judgement 30.07.2021- Married Sisters-In-Law and their staying separately from the couple and there are no specific allegations against them do not constitute an offense under section 498A. 


Learning from the decision of 498A Quash Judgement 30.07.2021

When the whole family is accused in the FIR including Married Sisters-in-law, Brother-in-laws living separately from the couple at the different places, never go for quashing petition together. Always submit separately in separate names and separate timings. 

In this decision it is seen that all accused in FIR submitted a quash petition together which leads to dismissal for the first three petitioners, the husband and the parents-in-law but the quash is allowed against only sisters-in-law and their husbands. It is better to file the quash petition separately with separate names, it increases the chances of getting better results.

Always remember there is an opportunity for filing a discharge petition for parent-in-law in the trial court itself if there are grounds present for discharge as per explanation in section 498A of IPC. 


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Case Brief 498A Quash Judgement 30.07.2021

In the complaint, it is averred that the marriage of the complainant with the husband was solemnized on 01.02.2019. It is also stated that prior to marriage, the husband and his family members had demanded an amount of Rs.10,00,000/ as a dowry. 

Her parents had agreed only to pay a sum of Rs.5,00,000/- as a dowry demand. It is also alleged in the complaint that immediately after the marriage when the complainant went to the matrimonial house her in-laws allegedly demanded payment of the balance of Rs.5,00,000/ as a remaining dowry. 

It is stated in the complaint that the marriage of the second respondent with the husband is not consummated and her husband allegedly had refused to perform his marital obligations for the reason that the complainant had not paid the demanded amount of dowry. 

It is stated that there was a panchayat held at Tumakuru, but her in-laws had not to stop their harassment against the complainant. 

It is alleged that her husband was threatening her that they would kill her and they were also stating that they are very powerful people and her parents being poor, they cannot do anything. 

She had stayed in her matrimonial house and throughout the said period, she was being harassed physically and mentally by her in-laws and on these allegations, the complaint was lodged which has resulted in registering an FIR.

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Arguments 498A Quash Judgement 30.07.2021

Advocate for in-laws submitted that admittedly the complainant had stayed in the matrimonial house only for six months. He submits that there are no specific allegations in the complaint and in the absence of the same, the offenses alleged against the in-laws cannot be attracted. 

He also submits that they are the married sisters of the husband and they are residing separately. The respective husbands of both the sisters. He submits that while one sister is residing with her husband in Chitradurga and the other sister is residing with her husband at Tiptur in Tumakuru district. 

He submits that only with an intention to harass and embarrass the in-laws, a false case has been filed against them. Per contra, the advocate appearing for the complainant would submit that the investigation is yet to be completed in the case and therefore, at this stage, no interference is warranted. 

An advocate of the complainant submits that there are sufficient allegations in the complaint that would prima facie attract the offenses alleged against the in-laws and therefore, it cannot be said that the offenses alleged are not attracted against them. 

However her husband and her in-laws continued to harass her, the present complaint was lodged, and accordingly, prayed to dismiss the petition.

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Referred Case 498A Quash Judgement 30.07.2021

1. Tabrez Khan alias Guddu & Others v. State of Uttar Pradesh & Another
2. Seenivasan v. State by Inspector of Police.


Court opinion 498A Quash Judgement 30.07.2021

In the complaint, it is very clear that the complainant has been residing with her parents. Though there are allegations to the effect that the in-laws were demanding dowry from the complainant and were harassing her, there are no specific incidents of such harassment narrated in the complaint. 

Both the married sisters of her husband and their husbands are residing separately along with their family members. Even in the FIR, the address of the sister-in-law would go to show that they are residing separately but not with her husband.

The court has stated that in the absence of the specific allegations and when there are materials to show that the sisters-in-law, who are related to the husband, are staying separately, initiation of the criminal proceedings as against the close relatives of the husband for the offenses arising out of marital disputes is bad in law.


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Conclusion 498A Quash Judgement 30.07.2021

In this article, the High Court stated that the in-laws are concerned, since they are all residing together, having regard to the allegations made in the complaint. Insofar as sister and his brother-in-law are concerned, they are married and residing separately in a distant place. 

Married Sisters-In-Law and their husbands staying separately from the couple and there are no specific allegations against them do not constitute an offense under section 498A. Further, the proceedings challenge this petition and it is liable to be quashed, failing which it would amount to an abuse of process of law.                 

The high court said that the offense under sections the offenses punishable under section 498A, 323, 504, 506 read with Section 34 of IPC and Sections 3 and 4 of the Dowry Prohibition Act, 1961, it relates to the in-laws, is hereby quashed.


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