498A Quash Judgement after chargesheet 08.10.2021 - Over Implicated Allegations against Sister-in-law, her husband and other distant relatives are absurd and general. FIR Quashed.
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| 498A Quash Judgement after chargesheet 08.10.2021 |
498a Quash Judgement after chargesheet 08.10.2021 - In this article, the high court held that the allegation against the Sister-n-law, her husband, and distant relatives are general in nature. Further the high court held that The incident that was quoted is absurd in nature. So the high court in view of the above grounds quashed the FIR.
Case brief- 498A Quash Judgement after chargesheet 08.10.2021
Petitioners nos.4 to 7 are the accused in the FIR registered with Police Station, District Ahmednagar for the offenses punishable under sections 498A, 406, 323, 504, 506 r/w 34 of the IPC. In the case charge sheet is submitted to the court and the case is registered which is pending before the Magistrate, District Ahmednagar. This application is for quashing the charge sheet and the FIR against, the applicant nos.4 to 7.
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Arguments- 498A Quash Judgement after chargesheet 08.10.2021
Advocate for the applicants submits that, though names of the petitioners nos.4 to 7 are mentioned in the FIR, allegations are absurd in nature. Advocate submits that complainant has made allegations against them with an ulterior motive of wreaking vengeance.
The advocate submits that petitioner no.4 is a married sister-in-law residing with her husband petitioner no.5. Petitioner nos.6 and 7 are the maternal uncles, District Aurangabad. The advocate submits that it is a case of over implication.
Advocate for complainant submits that, not only names of the petitioners are mentioned in the FIR, however, a specific role has been attributed to each of them by quoting the specific incident.
Advocate submits that petitioner has also abused complainant and threatened her in the event if the demand made by co-accused is not fulfilled. Further, they have also instigated co-accused persons to subject her to cruelty till the demand of Rs.10 Lakh is fulfilled.
Referred Cases-498A Quash Judgement after chargesheet 08.10.2021
Geeta Mehrotra and others v. State of U.P.
Neelu Chopra and others vs. Bharti
Taramani Parakh Vs. State of Madhya Pradesh and others
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Opinion of Court- 498A Quash Judgement after chargesheet 08.10.2021
So far as petitioner no.4 is concerned, she is a married sister-in-law and even her husband applicant no.5 is also implicated as accused in connection with the present crime. petitioner nos.6 and 7 are the maternal uncles. All the applicants are residing in different places. This is a clear example of over implication.
In case Geeta Mehrotra and others v. State of U.P. and others, AIR 2013 SC 181, the Supreme Court held that all the courts are expected to adopt a deep approach in matters of quashing specifically in cases of matrimonial dispute whether the FIR in allegations discloses commission of an offense by the distant relatives of the main accused or the FIR prima facie discloses a case of over-implication by involving the all family members of the accused in the complainant, who is out to settle her ego arising out of the small problem or skirmish of domestic disputes while settling down in her new matrimonial house.
Ongoing through the complaint, it cannot be held that even if the allegations are taken as proved no prima facie case is made out. The question of whether the petitioners have in fact been harassed and treated with cruelty is a matter of trial but at this stage, it cannot be said that no case is made out. Thus, quashing proceedings before the trial is not right.
In the instant case, as far as the petitioners before us are concerned, the allegations against them are absurd and do not make out any case.
From a reading of the complaint and even allegations as against them are taken as proved, no case is made out. In the above-cited case of Taramani, the Supreme Court has observed that in matrimonial cases, the Courts have to be cautious when the omnibus allegations are made specifically against distant relatives, who have no interference in the life of the couple.
So far as the petitioners before the court are concerned, allegations are general in nature. Though one incident is quoted, however, the allegations are absurd in nature.
In view of the above and in terms of the ratio laid down by the Supreme Court, the high court quashed the FIR and Chargesheet.
Conclusion: 498A Quash Judgement after chargesheet 08.10.2021
In this article, the high court held that the allegation against the Sister-n-law, her husband, and distant relatives are general in nature. The content of the complaint and even allegations against the petitioners are taken as proof, so no case is made out. In the case of Taramani, the Supreme Court has observed that in matrimonial cases, the Courts have to be cautious when the general allegations are made specifically against distant relatives, who have no interference in the life of the couple. Hence the high court on the above grounds quashed the FIR.
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