498A Quash after chargesheet 02.02.2022 – Bombay High court – General allegations made against the brother-in-law and his wife are sweeping in nature. FIR Quashed.
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| 498A Quash after chargesheet 02.02.2022 |
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498A Quash after chargesheet 02.02.2022 – In this article, the Bombay High court has held that the allegations made against the brother-in-law and his wife are general in nature without quoting any specific incident against any of them in the complaint. Further, the Bombay high court has held that by going through the complaint it is clear that majorly the allegations are made against the husband and the mother-in-law of the wife whose application seeking quashing has been withdrawn. Since no incident is quoted against them high court has ordered to quash the proceedings against them.
Case Brief – 498A Quash after chargesheet 02.02.2022
The husband and the wife got married way back in the year 2013 as per the rituals and customs of their religion. After the marriage, the wife was residing in her matrimonial home. In the initial three years of the marriage, everything was going on smoothly.
Until a day had come when the family members started to demand a certain amount of Rs. 5 Lakhs as dowry from the wife. After almost three years of the marriage, the wife was ill-treated on the account of non-fulfillment of the said demand of dowry. It is alleged that the husband and his family members started to mistreat her.
It is alleged that the petitioners have joined the husband and her mother-in-law in demanding the said amount and also subjected the wife to cruelty on account of non-fulfillment of the said amount. Furthermore, it was alleged in the complaint that the petitioners all the while used to ill-treat the wife by using filthy language and by causing harassment to the wife.
Moreover, the petitioners used to instigate the husband and the mother-in-law and as a result thereof, the wife was subjected to beating by the husband and the mother-in-law.
The major allegations in the complaint are against the husband and mother-in-law whose application seeking quashing has been dismissed.
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Read Latest Article- 498A quash judgement by Bombay High court- General allegations made against the husband, father-in-law, mother-in-law, & married sister-in-law are absurd. FIR Quashed.
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Arguments - 498A Quash after chargesheet 02.02.2022
Advocate of the petitioners submitted that though the names of the brother-in-law and his wife are mentioned in the FIR, however, the allegations made against them are general in nature. He further submits that the allegations have majorly been made against the husband of the wife and the mother-in-law of the wife, whose application seeking for quashing of the proceedings were withdrawn.
In addition to the above-stated allegations, he stated that though certain incidents are quoted in the FIR, however, no specific allegation is ascribed to the present petitioners and general allegations have been made against them only by referring to their names along with the husband and mother-in-law.
Therefore, he submits that this is a clear case of over-implication and all the family members of the husband have been implicated in connection with the crime.
The advocate of the wife submits that the wife got married to her husband way back in the year 2013. In the initial stage of the marriage, she was treated well for three years. However, almost after three years, she has been ill-treated on the account of non-fulfillment of dowry demand of Rupees five lakh for the purpose of purchasing a flat.
He further submitted that specific allegations are made against the petitioners that they have joined the husband and her mother-in-law in making the demand of the said amount and also subjected the wife to cruelty on account of non-fulfillment of the said dowry demand.
Further, he stated that as per the allegations made in the complaint, the wife was subjected to scolding, abuse, and beating by the petitioners. Moreover, the petitioners used to instigate the husband and the mother-in-law, which resulted in the beating of the wife by the husband and her mother-in-law.
Therefore, he submits that there is a triable case against these petitioners. There is no evidence in this criminal application against the petitioners and therefore the same is liable to be dismissed.
Referred cases – 498A Quash after chargesheet 02.02.2022
1. Geeta Mehrotra v. State of Uttar Pradesh
2. Neelu Chopra and others v. Bharti
3. Taramani Parakh v. State of Madhya Pradesh
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Court Opinion - 498A Quash Judgement 28.01.2022
After reading the complaint and the chargesheet the Bombay High court is of the view that the allegations are mainly made against the husband and mother-in-law, whose application seeking quashing of the proceedings is withdrawn.
Though names of the petitioners are mentioned in the complaint, however, there are no specific allegations or ascribing any specific individual role made against any of the petitioners except common general and sweeping allegations both of them.
Even if the allegations made against both the petitioners are held to be proved, no case is made out. In view of the same, the continuation of the proceedings against the petitioners would be an abuse of the process of the law. Hence, there is no triable case against the petitioners.
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Conclusion - 498A Quash Judgement 28.01.2022
In this article, the Bombay High court has held that the allegations made against the brother-in-law and his wife are general and sweeping as no specific incident is quoted in the FIR against any of the petitioners. It is clear by reading the chargesheet that majorly the allegations are made against the husband and the mother-in-law who is not a petitioner in front of the High court.
Therefore, considering the above-mentioned facts and circumstances, it would be highly unjust to allow the trial to be continued against the petitioners as the allegations are only made against the husband, who is not before this Court.
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