498A Quash Judgement after chargesheet 29.10.2021 – Over implicated allegations against family members of Husband are general & absurd in nature. FIR Quashed.
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498A Quash Judgement after chargesheet 29.10.2021 |
498A Quash Judgement after chargesheet 29.10.2021 – this article is based on the view of the High court, that the allegations made in the FIR against the entire family of the husband are general and absurd without quoting any specific incident. It was held by the High court that the allegations made against the married sister-in-law who are residing separately are absurd & general in nature, and further, the High court held that it is a case of over implication as almost the entire family has been implicated against the crime. Hence, the High court quashed the FIR and disposed of the criminal proceedings.
Case Brief - 498A Quash Judgement after chargesheet 29.10.2021
Allegations made against the married sisters-in-law and their respective husbands, father-in-law & brother of father-in-law, are general and absurd in nature. Though names of all the applicants are mentioned in the FIR as general allegations have been made against them without quoting any specific incident.
Both the married sisters-in-law along with their respective husbands reside at a different place as of that from the matrimonial home of the wife. At no point in the matrimonial life of the husband & wife both the married sisters-in-law have resided with them.
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Arguments of Parties - 498A Quash Judgement after chargesheet 29.10.2021
Advocate of the petitioners claimed that the petitioners are seeking to quash the FIR, as well as criminal proceedings as the names of the petitioners, are mentioned in the FIR, but only general allegations have been made against them without quoting any specific incident.
Advocate of the wife states that the names of petitioners are mentioned in the FIR with specific roles attributed to each of them. He further states that at the instigation of these petitioners, the husband used to harass his wife for various reasons and for not fulfilling his demands.
He further alleges that though the married sister-in-law resided at a different place, however on some occasions they had been to the matrimonial house & at that time they have instigated the husband.
Referred Cases - 498A Quash Judgement after chargesheet 29.10.2021
1. Geeta Mehrotra and others V. State of U.P and others
2. Neelu Chopra and others V. Bharti
3. Taramani Parakh Vs. State of Madhya Pradesh and others
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Court opinion - 498A Quash Judgement after chargesheet 29.10.2021
It is observed that the allegations made in the FIR & in the chargesheet are simply absurd in nature. High Court observed that the though the names of the petitioners are mentioned in the F.I.R. however, general allegations seem to have been made against them. No specific incident is quoted.
Court is of the view that it is a clear case of over implication, as almost entire family have been implicated in connection with the present crime. It is pertinent to note that even though the married sister-in-law, aged 34 years, who resides at a different place, along with her husband and her father-in-law are also made as accused persons in connection with the present crime.
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Conclusion - 498A Quash Judgement after chargesheet 29.10.2021
In the article, the High court held that where the allegations against the relatives of the husband who have been residing separately are absurd in nature. From the reading of the complaint and even after going through the evidence collected during the course of the investigation, even if the said allegations are taken as proved, no case is made out against the applicants.
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