498A Quash Judgement 28.10.2021 – Over implicated allegations against the entire family of Husband are absurd. FIR Quashed
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498A Quash Judgement 28.10.2021 |
498A Quash Judgement 28.10.2021 – the article is based on the view of the high court, that the allegations made against the sister-in-law of the husband do not attract provisions of Section 498A IPC as the sister-in-law at no occasion stayed with the wife at any point of time in the matrimonial life of the wife. Hence, the allegation made against the sister-in-law that she mistreated her physically is totally absurd considering the statements recorded in the FIR of the wife, her mother & her friend. Such allegations lack the element of accuracy hence the FIR was quashed by the High Court.
Case Brief - 498A Quash Judgement 28.10.2021
The marriage of husband & wife was solemnized on 15.5.1996. After 2-3 days of marriage, the disputes started to grow up on small issues and since the husband was serving in Madrassa, they lived separately in a village, and from there her husband flew to a foreign country. At that time wife was expecting a child and gave birth to a daughter.
Thereafter, her husband called his wife and the daughter to South Africa. After a month, the husband started to fight with his wife on minor issues. Wife returned to India in 2008 with three children. After returning to India, she started residing in her parent's home as her in-laws refused to offer space to her in their house and after a month, she went to stay at her in-laws house with her children.
Husband demanded a sum of Rs.3,00,000/- from her father. Upon receiving Rs.1,50,000/-, her husband, left for Bangalore and called his wife and told her that he is in Africa and will not return to her.
On informing her in-laws, they refused to talk to her and after a month, came to her parental home and asked her to give up the children and leave her husband, to which the wife denied and, therefore, in laws threatened to defame her in the community.
The wife stated that her friend visited her at her parental house, on the same day her father-in-law, aunt-in-law and sister-in-law from Panama come to visit her. Wife alleged that her father-in-law showed her a paper, informing her that her husband has divorced her and asked her to hand over the children to him, to which she retorted.
The wife alleges that her aunt-in-law & sister-in-law got excited and that in presence of her friend, they pulled her hair and started beating her & at that time her friend and her mother rescued her. She further alleges that her father-in-law threatened to kill her if she didn’t divorce her husband within a month.
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Arguments of Parties - 498A Quash Judgement 28.10.2021
The advocate of the petitioner submitted that the facts suggest that the petitioner i.e.; Sister-in-law, had no occasion to stay with the wife as her matrimonial life was in South Africa and after coming back from South Africa, she continuously resided at her parent's home and whatsoever dispute arose, was with her husband.
The advocate further submitted that to create pressure on the family members, the impugned FIR has been filed. While the petitioner is resident in Central America, in the year 2001 she was issued the Passport by the Republic of Panama.
The petitioner had reached India on 31.1.2013 and got to know about the FIR registered against her, and got arrested and produced before the Court. It is stated that the pendency of the FIR, with false intentions to revenge on the petitioner, has restricted her movement, and is forced to stay in India, also her original passport is confiscated by the Court.
It is further stated that the complaint is with an allegation of the incident on 10.4.2013 and it is submitted that the allegations are not corroborated by the statement of the wife’s friend nor by the statement of the wife's mother.
Advocate of the wife states that the allegations are genuine. If the implications were false with an intention to rope the petitioner and other family members of the husband then the false facts would have been stated from the beginning. He further submitted that the incident that occurred on 10.4.2013, is a matter of evidence and can be proved only by producing the relevant facts during the trial.
Countering the arguments, the advocate of the petitioner submitted that no explanation has been given for the delay in lodging the FIR on 20.4.2013 for the incident alleged to have been occurred on 10.4.2013 and stated that all the statements of the witnesses are required to be considered since the witnesses do not support the incident of 10.4.2013.
Referred Cases - 498A Quash Judgement 28.10.2021
1. Geeta Mehrotra V. State of UP
2. State of Haryana V. Bhajan Lal & others
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Court Opinion - 498A Quash Judgement 28.10.2021
The allegation made against the petitioner seems to put pressure on the husband of the wife and the relatives and it appears that the petitioner has been made accused with the only intention of harassing her. The allegation of physical abuse is not validated by the statement of the mother and friend of the wife.
The FIR does not disclose any offence by the petitioner to be tried for Section 498A. Prima-facie the FIR states the case of over-implication by involving the entire family of the husband of the complainant.
For the above reasons, the application is allowed. The impugned FIR and the proceedings, initiated in pursuance thereof are quashed and are set aside. Hence the trial Court handed over the original passport of the petitioner.
Conclusion - 498A Quash Judgement 28.10.2021
In this article High Court has held that the allegations made against the sister-in-law are absurd. Even if they are taken at their face value and are accepted in their entirety do not prima facie constitute any offense or make out a case against the petitioner. Hence the High court quashed the FIR.
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