498A Quash Judgement 8.12.2021 – Gujarat High Court -Allegations made against the mother-in-law are plain & general in nature. FIR Quashed.
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498A Quash Judgement 8.12.2021 |
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Dhiruben Pravinbhai Gadhvi vs State Of Gujarat on 8.12.2021
498A Quash Judgement 8.12.2021 – In this article, the Gujarat High court held that the allegations made against the mother-in-law are general and does not attract the provisions under section 498A IPC, further it was held by the Gujarat High court that the it is clear from the complaint that major issues were between the husband & wife and the mother-in-law is dragged in this to take vengeance. Hence, FIR was quashed by the High court.
Case Brief - 498A Quash Judgement 8.12.2021
The marriage of the husband & wife was solemnized as per the rituals. The wife is working in
Police Department and according to the content made in the complaint, she was
serving at the Office of Superintendent of Police, and from 01.03.2019, she was
serving with the Office of the Commissioner of Police at Ahmedabad. During
vacations, the wife used to visit her matrimonial home and used to live along
with her joint family.
It
is stated that there were major trust issues between the husband and wife as
the wife was suspicious about an extra-marital affair with the husband. The wife
stated that she was harassed by the husband & her in-laws both physically
& mentally. It is stated that the reason for harassment was to fulfil their
dowry demand.
When
the wife questioned her husband about his extra-marital affair her husband
& the in-laws didn’t like this behaviour and it became the cause for the initiation
of cruelty by her husband & in-laws.
It also came to the notice that the Father-in-law of the wife has also filed a suit for eviction against the wife wherein, ad-interim injunction has been granted in favour of the father-in-law and the wife has been restrained from entering the matrimonial home during the presence of her in-laws.
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Arguments - 498A Quash Judgement 8.12.2021
Advocate
of Petitioner submitted that during holidays, the wife used to come to her
matrimonial home and resided along with the joint family. The tenor of the
allegations made in the impugned complaint reveals that there were trust issues
between the wife and her husband.
He
further submitted that the allegations made against the petitioner are general
in nature and that the issues are between the wife and her husband and that the
petitioner has been dragged as accused merely because she is the mother-in-law
of the wife.
He
also submitted that the father-in-law of the wife has also filed a suit for
eviction against the wife wherein, ad-interim injunction has been granted in favour
of the father-in-law and the wife has been restrained from entering the matrimonial
home during the presence of her in-laws. He submitted that as a counter to the
above suit, the present complaint has been filed.
The advocate of
the wife referred to the affidavit filed by the wife to submit that she was harassed
both physically and mentally by the petitioners and her in-laws in furtherance
of the dowry demand.
He further stated
that the husband of the wife had an extra-marital affair, which, on being countered
by the wife, was disliked by her husband and in-laws which resulted in the
cause of cruelty to the wife.
He also submitted that the petitioner and her husband used to provoke their son against the wife, which was also a reason for the cruelty being caused to the wife. Hence, it is prayed that no discrimination may be exercised in favour of the petitioner.
Referred Cases - 498A Quash Judgement 8.12.2021
1.
Geeta Mehrotra & Anr. V. State of Uttar Pradesh
2.
State of Haryana v. Bhajan Lal and others
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Court opinion - 498A Quash Judgement 8.12.2021
The
contents of the complaint suggest that mainly the dispute is between the wife
and her husband and their relationship is spoiled with major trust issues. It is
clear from the record that the father-in-law of the wife had filed a suit for
eviction against the wife, wherein an ad-interim injunction had been granted in
favour of the father-in-law.
Thus,
the reason behind the wife residing separately and not at her matrimonial home is also evident from the statements made in the impugned complaint. The mother-in-law
of the wife and so far, her alleged role is concerned, no specific allegations
of harassment or cruelty have been made against her in the stated complaint.
For
the above-mentioned reasons, the application is allowed and the registered complaint
being FIR registered with Police Station, and all initiated proceedings in
pursuance thereof are quashed and set aside against the petitioner.
It is considered that where a criminal proceeding is instituted with mala fide and/or where the proceeding is falsely instituted with an only motive for wreaking vengeance on the accused and with a view to spite her due to private and personal grudges.
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Conclusion - 498A Quash Judgement 8.12.2021
In this article the Gujarat High court held that the allegations made against the mother-in-law are clearly plain & general in nature. Considering the statement made in the complaint the disputes are majorly between the husband & the wife and the petitioner has been dragged as accused just because she is the mother-in-law of the wife.
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