498A Quash after chargesheet 13.12.2021 – Bombay High court General & Over-Implicated allegations against three brothers-in-law are absurd in nature. FIR Quashed.
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| 498A Quash after chargesheet 13.12.2021 |
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Dattatray S/O. Vishnupant vs The State Of Maharashtra And Anr on 13.12.2021
498A Quash after chargesheet 13.12.2021 – In this article, the Bombay High Court has held that the allegations are made almost against the entire family of the husband which clearly implies that the complaint is lodged with the ulterior motive to defame the family of the husband and to wreak vengeance. Allegations in the complaint are majorly made against the husband and the mother-in-law. Further, it was held by the Bombay High Court that the allegations made against the other petitioner are general & absurd in nature. Therefore, the criminal proceedings & the FIR are quashed by the Bombay High Court.
Case Brief - 498A Quash after chargesheet 13.12.2021
The marriage of the husband and the wife got solemnized in accordance with their rituals. After the marriage of the husband to the wife, their matrimonial life was going on smoothly.
Allegations are made in the complaint against the husband & his parents for harassing the complainant i.e.; the wife of the husband. It is alleged that they forced the wife to leave the matrimonial home.
Even till now, the wife is residing separately from the matrimonial home as she apprehends a lack of security and safety and a proper living environment in the matrimonial home.
It seems that the allegations are majorly made against the husband and the mother-in-law, for causing cruelty. Allegations made against the other petitioners are mere mention of their names in the complaint which are general in nature.
The petitioners are therefore seeking to quash the F.I.R. registered with Police Station Mahur, and also seeking to quash the criminal proceedings pending before the Judicial Magistrate, First Class, Mahur.
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Arguments - 498A Quash after chargesheet 13.12.2021
Advocate of the petitioners submitted that only the names of the petitioners are mentioned in the FIR, however, allegations made against them are general in nature without quoting any particular instance as such.
He further submitted that the petitioner Nos. 3, 4 and 5 are brother-in-laws and petitioner No. 6 is the wife of petitioner No. 5. In addition to this, he submits that this is a clear case of over implication since almost all the family members have been implicated in connection with the present crime.
All the petitioners, i.e.; brothers-in-law are living separately in different villages along with their family members and all of them are married.
The advocate of the wife submits that the names of petitioners are mentioned in the F.I.R. specifying the particular role attributed to each of them. Therefore, this is a triable case against them. There is no substance in the criminal application. The criminal application is not liable to be dismissed.
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Referred cases - 498A Quash after chargesheet 13.12.2021
1. Geeta Mehrotra and others V. State of Uttar Pradesh
2. Neelu Chopra and others V. Bharti
3. Taramani Parakh Vs. State of Madhya Pradesh
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Court opinion - 498A Quash after chargesheet 13.12.2021
By reading the complaint, it cannot be held that even if the allegations against the petitioners are taken as proved no case is made out.
After carefully going through the contents of the complaint and the chargesheet it seems that the allegations have majorly been made against the husband and the mother-in-law, whose application came to be withdrawn today.
Though we find the names of the petitioners are mentioned in the FIR, however, allegations made against them are general in nature. Hence, it is clear that the present case is over-implication.
It is well settled that if the allegations are absurd in nature and if no case is made out, the proceedings are liable to be quashed.
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Conclusion - 498A Quash after chargesheet 13.12.2021
In this article, the Bombay High court has held that the allegations made against the entire family of the husband are absurd and general in nature. Allegations made in the complaint are made with the clear motive to harass the petitioners and cause them trouble by going through the criminal proceedings.
It is clear by going through the complaint that the allegations are majorly made against the husband and the mother-in-law. Therefore, it is well settled that if the allegations are absurd in nature and if no case is made out, the proceedings are liable to be quashed.
In the instant case, even if the allegations made against the petitioners are held to be proved, no case is made out against them.
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 these petitioners in the commission of the offence.
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