498A Quash after Chargesheet 09.12.2021 – Bombay High Court - General & Over-Implicated Allegations against the husband and the entire family. FIR Quashed.
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| 498A Quash after Chargesheet 09.12.2021 |
Shekhar Vilas Jaiswal And Others vs The State Of Maharashtra And ... on 9.12.2021
498A Quash after Chargesheet 09.12.2021 - In this article, the Bombay High court has held that the allegations made against the entire family of the husband are general in nature. This is a case of over-implication of allegations made against the entire family just to wreak vengeance against them, further it was held by the Bombay High court that even if the allegations made against the petitioners are proved, even then no case is made against them. Therefore, the FIR was quashed by the Bombay High court.
Case Brief - 498A Quash after Chargesheet 09.12.2021
The marriage of the wife & husband was solemnized way back in
the year 1991 in accordance with the traditions. Two female girl children were
born out of this wedlock. They were living a happy married life in the
matrimonial home until the problem started to pop up in the year 2007, as it is
stated in the complaint.
The wife was dragged out of the matrimonial home in the year
2007 along with two daughters and the wife then started to reside at her parents’
home along with her parents. The husband of the wife has demanded a certain amount
of money from the wife’s parents in consideration of Dowry.
Thereafter, when the wife’s parents paid a certain amount of
money to the husband of the wife, she returned back to her matrimonial home to
further cohabit with the husband. The wife has stated that the husband had an
extra-marital affair with several women.
The wife was ill-treated by the husband on account of non-fulfillment of the said demand of Rs. 20,00,000/- for opening a new hotel. And all the family members of the husband who are petitioners in the present case i.e.; mother-in-law, married sister-in-law, married brother-in-law & his wife instigated him for the cause of cruelty caused to the wife.
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Arguments - 498A Quash after Chargesheet 09.12.2021
Advocate of petitioners submitted that only the
names of the petitioners are mentioned in the First Information Report,
however, the allegations made against them are general in nature without
quoting any specific incident, as such. It is submitted that the allegations
have mainly been made against the husband.
The advocate further submits that as stated in the complaint, in 2007,
the wife was driven out of the matrimonial home along with two daughters and
she started living at her parents’ home along with her parents.
He also
submits that the married sister-in-law of the wife, who, at present, is residing
with her husband. It is not clearly stated in the allegations made in the
complaint as to how and when the wife had been to the matrimonial home of the
wife and caused cruelty to her.
In addition
to the above-mentioned points, he submitted that the allegations made against
the brother-in-law of his wife and the wife of the brother-in-law and their son are
general in nature. He submits that it is a case of over implication since
almost the entire family has been implicated in connection with the present
crime.
The Advocate
of the wife submits that the names of the petitioners are mentioned in the
First Information Report with specific roles attributed to each one of them. He also
submits that the wife was subjected to ill-treatment because of the non-fulfillment
of the demand of Rs. Twenty lakhs for opening a new hotel and all the petitioners
instigated the husband to ill-treat the wife.
He also submits that there are allegations in the complaint that on some occasions, all the petitioners have beaten the wife. Hence, there is a triable case against all these applicants. There is no material in the present application hence the application is liable to be dismissed.
Referred Cases - 498A Quash after Chargesheet 09.12.2021
1. Gita Mehrotra and others v. State of Uttar Pradesh
2. Neelu Chopra & others V.
Bharti
3. Taramani Prakash v. State of
Madhya Pradesh
4. Manoj Mahavir Prasad Khaitan v. Ram
Gopal Paddar
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Court opinion - 498A Quash after Chargesheet 09.12.2021
Court has carefully gone through the police papers and contents
of the complaint. It appears that in 2007, the wife was asked to move out of
the matrimonial home along with two daughters and she started to reside with
her parents. It has been stated in the complaint that the wife's parents had given a sum of Rs. Five lakhs to the husband and thus the wife has returned
to her matrimonial house for cohabitation.
It further appears from the statement of the wife that allegations
have only been made against the husband for his extramarital relations with other
women. However, the application, so far as the husband is concerned, came to be
dismissed as withdrawn.
The mother-in-law who’s age 79 years. Allegations made
against the married sister-in-law of the wife residing along with her husband, The
brother-in-law, and his wife and their son are absurd. THIRD PERSON who is not
the family member of the husband considering the case against him, provisions
of Section 498A is not attracted against him.
The present case is a case of over-implication by dragging almost all the family members of the husband at the instance of the complainant. Hence, the FIR and the criminal proceeding against the petitioners have been Quashed.
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Conclusion - 498A Quash after Chargesheet 09.12.2021
In this article the Bombay High court has held that the allegations made against the family of the husband are mere general in nature. The complaint in the present case is sadly vague as It does not show which accused has committed what offence and what is the exact role played by the petitioners in the commission of an offence. Hence, it is clear that if the allegations are absurd in nature and no case is made out, the criminal proceedings are liable to be quashed. Hence, the FIR was quashed by the Bombay High court.
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