498A Quash Judgement after chargesheet 20.10.2021 – No allegations of cruelty against maternal cousins & friend. FIR Quashed.

498A Quash Judgement after chargesheet 20.10.2021 – No allegations of cruelty against maternal cousins & a friend. FIR Quashed.


498A Quash Judgement after chargesheet 20.10.2021
498A Quash Judgement after chargesheet 20.10.2021


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498A Quash Judgement after chargesheet 20.10.2021 –  The article is based on the view of the high court, that the allegations against a friend & maternal cousins i.e.; distant relatives of the husband do not attract the provisions of Section 498A as a distant relative and a friend did not appear to be immediate relatives of the husband also they did not share the matrimonial home at any point of time. There is an absurd allegation in the report that the petitioners had also made a demand of Rs.10 Lakh when they visited the matrimonial home of his wife on the occasion of Diwali. Such allegation lacks the element of certainty. So, the high court quashed the FIR because of the above grounds.


Case Brief – 498A Quash Judgement after chargesheet 20.10.2021

The marriage of the husband and wife was solemnized on 18.06.2018. Cousins and friend claimed to be distant relatives of the husband. Petitioner No.6 is a distant friend of husband.

The wife claims that there was marital discord within weeks of marriage as she noticed that her husband used to secretly talk with a girl on the phone. When confronted, her husband avoided the conversation and assaulted her. Later, when the husband came to her paternal home to bring his wife back, he raised a demand of Rs.10 lakh from her father.

After a couple of days of her return to the matrimonial home, a dispute arose between the parties. The wife alleged that the distant friend of her husband made a call to her father demanding a sum of Rs.10 lakh, otherwise her husband would not allow her to cohabit with him.

The maternal cousin & friend of the husband allegedly came to the matrimonial home of the wife on the occasion of Diwali and threatened her to bring the sum of Rs.10 Lakh from her father otherwise she would face the consequences.


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Arguments - 498A Quash Judgement after chargesheet 20.10.2021

Advocate of petitioners submitted that the prosecution of the petitioners is manifestly attended with malafide. The wife never alleged that the petitioners shared the matrimonial home with her. In fact, the maternal cousins & friends, being the distant relatives of the husband, could not have shared the matrimonial home with her.

Petitioner No.6, a friend of the husband has been roped in maliciously. By law, the friend does not fall within the scope of the word "relative" and, as a result, he cannot be charged for the offence punishable under section 498A of the Indian Penal Code.

The advocate further submitted that on the own showing of the wife, none of the petitioners was in the frame, when the wife had approached the Women Security Cell and gave the statement.

Lastly, it was submitted that even if allegations in the wife's report, qua the petitioners, are taken at their face value, no offence can be said to have been prima-facie made out against the petitioners, warranting their trial.


Referred Cases – 498A Quash Judgement after chargesheet 20.10.2021

1. Preeti Gupta & Anr. Vs. State of Jharkhand

2. Ramesh and Ors. Vs. State of Tamil Nadu

3. Geeta Mehrotra & Anr. Vs. State of Uttar Pradesh

4. K. Subba Rao & Ors. Vs. The State of Telangana

5. U. Suvetha Vs. State

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Court Opinion - 498A Quash Judgement after chargesheet 20.10.2021

The allegations against the maternal cousins & a friend are twofold. First, the maternal cousin & friend had been to the matrimonial house of the wife, on the occasion of Diwali, and they also threatened her to bring a sum of Rs.10 lakh from her father otherwise she would not be treated well, at her matrimonial home.

Second, during the course of the meeting held to resolve the matrimonial discord, the sisters of the husband joined her mother-in-law, in relieving her of the gold ornaments. Thereafter, the husbands of the sisters intimidated the wife, her father and relatives and turned them out of her matrimonial home.

The allegation lacks the element of certainty and authorship. Even if taken in moderation, these allegations would fall in the realm of "demand" only.

There are no allegations that the petitioners subjected the wife to cruelty in order to force her to meet the demand. In the information report, as regards the incident, a general allegation is made against the sisters of the husband, that, along with the mother-in-law, of the wife, the sisters of the husband confiscated the wife's gold ornaments.

Also, the contemporaneous complaint in writing and the proximate statement do not attribute the said role to the cousin sisters of the husband. On the contrary, the alleged role is played by the husband, his parents and brothers, in the complaint, alone in the statement.

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Conclusion - 498A Quash Judgement after chargesheet 20.10.2021

In this article, the high court has held that the allegations against the friend & maternal cousins i.e.; distant relatives of the husband are plain and are not certain. Even if taken in face value, these allegations would only mean mere “demand” only. Hence, the high court quashed the FIR because of the above mentioned grounds.



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