498A Quash Judgement 10.11.2021 – Allegations made against the husband, father-in-law, & mother-in-law are false & general in nature. FIR Quashed.
498A Quash Judgement 10.11.2021 – In this article, the High court held that the allegations made against the husband, Father-in-law, & Mother-in-law were false and were made with an ulterior motive of revenge and therefore the complaint cannot be allowed to continue and the prosecution of these petitioners is nothing but a clear abuse of process of law. Hence, the FIR was quashed by the high court.
Case Brief - 498A Quash Judgement 10.11.2021
The marriage of husband & wife was solemnized according to their customs. Post the marriage, the husband along with her wife were residing in England for a period of three years i.e.; from the year 2012-2015. A re-marriage was conducted on 25.01.2015 when they came back to India in the presence of the witnesses.
It is stated by the wife that the family members of the Husband have caused cruelty over the phone, but there were no specific detailed allegations against the petitioners.
______________________________________________________
BUY "498A QUASH" - EBOOK - A GUIDE TO 498A QUASH
Arguments of Parties - 498A Quash Judgement 10.11.2021
Advocate of the petitioners contended that FIR has been lodged against all the family members of the husband including the sister-in-law & brother-in-law though their names were later dropped from the FIR.
Further, it is contended that the complaint is nothing but a clear abuse of the process of law and the husband with his wife have never lived in India throughout their matrimonial life. They have all along lived in the UK till their separation.
It is contended that all the allegations were framed by the father of the wife, who was a retired Police officer in the rank of DIG. Also, it is further stated that similar allegations were made in the petition filed before the UK court for domestic violence which was dismissed by the UK court within a month, thereafter present complaint has been filed in India & unnecessarily all the petitioners have been roped in.
______________________________________________________
Contact For Counseling to discuss Your case For Right Solutions
Court Opinion - 498A Quash Judgement 10.11.2021
The court is satisfied that the complaint has been filed with ulterior motive and false allegations have been made in order to take revenge such a complaint cannot proceed further and the prosecution of these petitioners is clearly an abuse of the process of law.
The court is of the view that the allegations are false and are general in nature. This clearly shows that these allegations were made out of matrimonial issues. Such allegations are highly improbable and the same shows that such condition has been pressed into service only for jurisdictional purposes.
____________________________________________________
Conclusion - 498A Quash Judgement 10.11.2021
In this article, the high court held that the allegations against the father-in-law & mother-in-law who have been residing separately throughout the matrimonial life of the husband & wife are general and false in nature. Hence, the High court allowed the petition and quashed the FIR.
Follow us on Facebook, YouTube, Twitter, Instagram
Blogger Comment
Facebook Comment