498A Quash Judgement 22.12.2021 – Gujarat High Court – Omnibus allegations made against the three married sisters-in-law & brother-in-law. FIR Quashed.

 498A Quash Judgement 22.12.2021 – Gujarat High Court – Omnibus allegations made against the three married sisters-in-law & brother-in-law. FIR Quashed.

498A Quash Judgement 22.12.2021 – Gujarat High Court – Over-Implicated allegations made against the three married sisters-in-law & brother-in-law. FIR Quashed.
498A Quash Judgement 22.12.2021

Read More Judgements on 498a Quash

Manishaben Dharmeshbhai vs Poonamben Hardikhbhai Sosa on 22.12.2021

498A Quash Judgement 22.12.2021 – In this article, the Gujarat High court has held that the allegations made against the married sisters-in-law are false and it is a clear case of over-implicated allegations made against the entire family of the husband. It is clear by going through the FIR that the problem persists between the husband and the wife due to lack of trust between them. The entire family of the husband is dragged to defame their reputation. Hence, the FIR and the criminal proceedings against the petitioners are quashed.


Case Brief - 498A Quash Judgement 22.12.2021

The husband and wife got married on 08.05.2017 according to their rituals. After the marriage of the wife and the husband the wife was residing at her matrimonial home along with her husband, parents-in-law, three sisters-in-law, and a younger brother-in-law (Dewar).

After a certain period of time, her husband came to Rajkot for his job. While the wife was staying along with her parents-in-law, three sisters-in-law and a younger brother (Dewar) at the matrimonial village.

The wife has further stated that the parents-in-law, three sisters-in-law, and the younger brother-in-law (Dewar) have harassed her for very petty things and mocked her by stating that she has to live in the matrimonial home as a servant and has to work for them.

Parents-in-law of the wife has further stated that their son is popular among girls. The wife alleges that she was mentally and physically tortured & harassed by the family members of the husband but in the hope to have a peaceful life, she has borne all the harassment.

The wife has also stated in the FIR that when her husband visited the matrimonial village, she informed him about the harassment caused to her by the family members, and at that time her husband assured her to make arrangements for her stay at Rajkot along with him and also assured her that no such harassment would continue by the family members.

The wife thereafter has stated in the FIR that after some time her husband made arrangements for her to stay at Rajkot along with him, and since then, she started staying with her husband and was having a job at Rajkot. She states that her matrimonial life was peaceful during her stay at Rajkot which was about six months.


Arguments - 498A Quash Judgement 22.12.2021

Advocate of the petitioners submitted that the wife has not specified any particular details of the harassment committed by the petitioners to constitute an offence of cruelty under Section 498A IPC.

He further submitted that it is highly impractical to believe the facts since all the three sisters-in-law were already married and were well settled in their own matrimonial home. He also stated that the present petitioners i.e.; sisters-in-law are residents of Pune. There was no occasion when the sisters-in-law came & resided at the parental home.

In addition to the above, he submitted that the petitioners i.e.; sisters-in-law, during the period of complaint, has only visited the place of residence of the wife twice or thrice. He submits that from the date of marriage of the wife i.e.; on 08.05.2017 till 05.07.2019, the petitioners had visited Gujarat once each in the year 2017, 2018, and 2019.

Petitioner’s advocate submitted the documents i.e.; address proofs of both the petitioners and copy of Leave and License Agreement of the year 2014 to 2019, to prove that both the petitioners have been continuously staying in Pune in the residential unit known as 'Dsk Vishwa Saptasur. He also referred to the electronic attendance sheets of the petitioner to prove that he has continuously attended his office at Pune.

Referring to the contents of the FIR the advocate submitted that, the allegation is majorly against the husband. FIR shows that the personal relation between the husband & the wife got disturbed and allegations are made for lacking trust between the couple. The demand of certain amount referred to as dowry demand is a general allegation against all the family members. He submitted that FIR has been lodged dragging all the family members just to create pressure on her husband to bring him to her terms.

The advocate for the wife states that the wife has given all the details of the alleged acts of the petitioners and other accused. The investigation is completed and therefore he has stated that the petitioners would have the opportunity to file discharge applications if they feel that no case is meted out against them.

Referred cases - 498A Quash Judgement 22.12.2021

1. Geeta Mehrotra and others v. State of Uttar Pradesh

2. G.V. Rao V. L.H.V. Prasad

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Court opinion - 498A Quash Judgement 22.12.2021

The Apex Court while observing the facts of the case held that, when entire family members are included in the FIR by just casually mentioning their names and doesn’t disclose their active involvement, initiating a proceeding against them would not be justified.

In the present case, the wife has categorically stated that all the three sisters-in-law were not married at the time of her marriage. The documents on the record submitted by the petitioners show that they were residing in Pune. The petitioner has his job in Pune.

Therefore, it appears that the FIR has been lodged with an ulterior motive & intention to destruct the reputation of the petitioners. False allegations are made against all the family members, but if the content of the FIR is considered, then it is clear that it is a case of lack of trust between the married couple. Owing to that fallout, the FIR has been lodged over implicating all the family members.

As a result, the FIR registered and the proceedings initiated thereof are quashed and set aside against the present petitioners.

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Conclusion - 498A Quash Judgement 22.12.2021

In the article, it is held by the Gujarat High court that the allegations made against the married sisters-in-law are false. It is a clear case of over-implicated allegations made against the petitioners to defame their reputations by dragging them into the criminal proceedings.

It is clear from going through the reading of the FIR that the major allegations are made against the husband, and there is a lack of trust between the couple. Therefore, the FIR registered and the criminal proceedings initiated against the petitioners are quashed by the court.


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